DEVEGLIO v. OLIVERI


277 A.D.2d 345 (2000)

716 N.Y.S.2d 337

ROSEMARY DEVEGLIO et al., Appellants, v. ROBERT OLIVERI et al., Respondents.

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

Decided November 20, 2000.


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

In support of their motion for summary judgment, the defendants submitted the initial magnetic resonance imaging report of the injured plaintiff's lumbar spine showing herniated discs at L3-4 and L4-5. In contrast, upon reviewing the same film, the defendants' medical experts concluded that the injured plaintiff's lumbar spine showed signs of degenerative...

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