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MURPHY v. DEMAS

277 A.D.2d 208 (2000)

716 N.Y.S.2d 672

MICHAEL MURPHY et al., Appellants, v. BERTHA DEMAS, Respondent.

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

Decided November 6, 2000.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

In support of her motion for summary judgment, the defendant submitted the report of Dr. Marc A. Berezin, an orthopedic surgeon, evaluating a magnetic resonance image of the injured plaintiff's lumbosacral spine which showed a disc herniation at L4-5 and disc bulges at L4-5 and L5-S1 (see, Boehm v Estate of Mack,

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