GARCIA v. FEIGELSON

15682, 104032/10

130 A.D.3d 498 (2015)

13 N.Y.S.3d 417

2015 NY Slip Op 06032

JOSE GARCIA, Appellant, et al., Plaintiff, v. EUGENE B. FEIGELSON, Respondent.

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

Decided July 9, 2015.


Defendant made a prima facie showing that plaintiff's claimed injuries to his spine and shoulder were not causally related to a 2009 motor vehicle accident. Defendant submitted, among other things, the report of a radiologist who opined that plaintiff's 2009 MRIs showed degenerative disc changes and tendinosis, and that the conditions were unchanged from those shown in MRIs taken following a prior 2006 motor vehicle accident. Based...

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