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MI JUNG KIM v. LEWIN

2017-08868, Index No. 9119/13.

175 A.D.3d 1286 (2019)

108 N.Y.S.3d 25

2019 NY Slip Op 06487

Mi Jung Kim, Appellant, v. Jonathan Lewin, Respondent.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Tumelty & Spier, LLP, New York, NY ( John Tumelty and Judah Z. Cohen of counsel), for appellant.

Perry, Van Etten, Rozanski, & Primavera, LLP, Melville, NY ( Elizabeth Gelfand Kastner and Geoffrey H. Pforr of counsel), for respondent.

Austin, J.P., Hinds-Radix, Maltese and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

In February 2010, the plaintiff injured her back in a workplace accident. After unsatisfactory results from epidural steroid injections, the plaintiff's pain management specialist referred her to the defendant for a surgical consultation, which occurred on June 7, 2010. An MRI the defendant had taken of the plaintiff's lumbar spine revealed compression at the L4-5 and L5-S1 levels. The defendant recommended surgery....

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