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JIMENEZ v. POLANCO

Nos. 5835, 306785/08.

88 A.D.3d 604 (2011)

931 N.Y.S.2d 304

2011 NY Slip Op 7508

SANDRA JIMENEZ, Appellant, v. NELSON J. POLANCO et al., Respondents.

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

Decided October 25, 2011.

Defendants established their entitlement to judgment as a matter of law. They submitted the affirmed reports of expert physicians showing that plaintiff's injuries were the result of preexisting and degenerative conditions (see Pommells v Perez, 4 N.Y.3d 566, 580 [2005]). Defendants also submitted evidence showing that plaintiff was involved in another car accident years before the subject accident for which she brought a lawsuit...

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