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WESTERBAND v. BUITRASO

2700, 112964/11.

146 A.D.3d 486 (2017)

2017 NY Slip Op 00120

44 N.Y.S.3d 435

JULIO WESTERBAND, Respondent, v. NEIL E. BUITRASO et al., Appellants.

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

Decided January 10, 2017.

Defendants established prima facie that plaintiff did not sustain a serious injury by submitting the affirmed report of a radiologist who reviewed a CT scan of plaintiff's lumbar spine taken after the accident and concluded that it revealed preexisting and degenerative conditions not causally related to the accident (see Matos v Urena, 128 A.D.3d 435 [1st Dept 2015]). Defendants also relied...

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