DIXON v. KONE

8745, 304457/14.

170 A.D.3d 541 (2019)

96 N.Y.S.3d 192

2019 NY Slip Op 02041

Steve Dixon, Appellant, v. Sekou Kone et al., Respondents, et al., Defendants.

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

Decided March 19, 2019.


Defendants established their entitlement to judgment as a matter of law in this action where plaintiff alleges that he suffered an aggravation of preexisting conditions in his cervical and lumbar spine as the result of an accident that occurred while he was a passenger in defendants' taxi. Defendants submitted, among other things, plaintiff's deposition testimony, acknowledging that he previously had fusion surgery in his cervical spine, and reports of their radiologist who...

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