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GOMEZ v. DREW

303752/10. Appeal No. 11944. Case No. 2019-334.

187 A.D.3d 439 (2020)

129 N.Y.S.3d 776

2020 NY Slip Op 05453

Maureen Gomez et al., Appellants, v. Sean S. Drew et al., Respondents.

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

Decided October 6, 2020.

Defendants established, through the injured plaintiff's own medical records, that her lumbar spine injuries, including a disc herniation, were not caused by the accident, but that she had a pre-existing condition for which she was already on disability leave from work before the accident (see Rivera v Fernandez & Ulloa Auto Group, 123 A.D.3d 509 [1st Dept 2014], affd

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