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WATT v. FRANCIS

16 A.D.3d 240 (2005)

791 N.Y.S.2d 550

MARTIN WATT et al., Appellants, v. STEPHEN FRANCIS, Defendant, and HILLMAN REBELLO et al., Respondents.

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

March 22, 2005.

Plaintiff's claim that he sustained injuries to his back and shoulder as a result of the accident is objectively supported by MRIs taken a week after the accident revealing disc bulges in the cervical and lumbar spine and another MRI taken 3½ months after the accident revealing a partial tear of a shoulder tendon. In support of their motion for summary judgment, defendants relied on plaintiff's deposition testimony that he missed only about a week and a half of work...

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