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MOSES v. GELCO CORP.

63 A.D.3d 548 (2009)

880 N.Y.S.2d 291

TERRY MOSES, Appellant, v. GELCO CORPORATION et al., Respondents, et al., Defendants.

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

Decided June 18, 2009.

Defendants met their initial burden of demonstrating the lack of a serious injury by submitting the affirmed reports of various physicians establishing that plaintiff's injuries were the result of a degenerative condition (see Pommells v Perez, 4 N.Y.3d 566, 580 [2005]), and documentary evidence showing that plaintiff was involved in another accident three years before the subject accident for which he brought a lawsuit alleging...

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