Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff argues that the Supreme Court erroneously denied his request to charge the jury concerning the aggravation of a pre-existing condition, and therefore he is entitled to a new trial on the issue of damages. We disagree.
Aggravation of a pre-existing condition is an element of special damages which must be specially pleaded and proved (see, Behan v Data Probe Intl.,...
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