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D'ARIANO v. MELDISH

1849, 25587/04

68 A.D.3d 640 (2009)

2009 NY Slip Op 9545

890 N.Y.S.2d 324

ALICE GONG D'ARIANO et al., Appellants, v. MONIQUE MELDISH et al., Respondents.

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

Decided December 22, 2009.

Defendants carried their prima facie burden by showing that the injured plaintiff's disc condition was degenerative and not caused by the trauma of the accident. Plaintiffs failed to adequately address such showing (see DeJesus v Paulino, 61 A.D.3d 605, 607-608 [2009]); speculation by plaintiff's family physician, that a radiologist who conducted an MRI of plaintiff's lumbar spine would have noted the existence of degenerative disc...

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