Ordered that the amended judgment is affirmed, with costs.
This action arises out of a tw'o-car collision that occurred on November 21, 2003. A motor vehicle operated by the plaintiff was struck in the rear by a motor vehicle operated by the defendant. Evidence at trial established that the plaintiff had a herniated disc as early as 2001 and that it still existed one month before the accident. The plaintiff's medical expert testified that the accident aggravated the...
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