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PELUSO v. JANICE TAXI CO., INC.

2960, 108774/07.

77 A.D.3d 491 (2010)

909 N.Y.S.2d 699

SAMANTHA PELUSO, Respondent, v. JANICE TAXI CO., INC., et al., Appellants, et al., Defendants.

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

Decided October 19, 2010.

On the issue of causation, plaintiff's expert's conclusion that plaintiff sustained injuries as a result of the accident is based on a physical examination of plaintiff just days after the accident and is sufficient to rebut defendants' evidence that the disc bulging revealed on an MRI taken some six weeks after the accident was the result of a preexisting degenerative condition (see Linton v Nawaz, 

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