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THOMAS v. BOOKER

3071, 400994/08

76 A.D.3d 456 (2010)

905 N.Y.S.2d 771

DENISE THOMAS, Respondent, v. ADRIAN BOOKER et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 17, 2010.

Defendants made a prima facie showing that plaintiff's injuries were caused by preexisting, degenerative conditions rather than the accident (Ortiz v Ash Leasing, Inc., 63 A.D.3d 556, 557 [2009]). Plaintiff's submissions were insufficient to defeat summary judgment not only because her experts failed to raise an issue of fact addressing the evidence of her preexisting cervical spine disease with "factually based medical opinions...

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