ALOZIE v. TEMPESTA & SON CO., INC.

4829, 300263/08.

83 A.D.3d 535 (2011)

921 N.Y.S.2d 235

VICTORIA ALOZIE, Appellant, v. TEMPESTA & SON CO., INC., et al., Respondents.

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

Decided April 19, 2011.


Defendants established prima facie that the injuries to plaintiff's cervical and lumbar spine were not causally related to the instant motor vehicle accident, by submitting the affirmed report of a radiologist who opined that plaintiff's MRI films revealed degenerative disc disease, and deposition testimony and other evidence showing that plaintiff had been involved in two earlier accidents, the second one just four months before the instant accident, in which she sustained...

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