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FRANCIS v. NELSON

21739/11E, 1243.

140 A.D.3d 467 (2016)

33 N.Y.S.3d 244

2016 NY Slip Op 04445

SANDRA FRANCIS, Respondent, v. REGINA NELSON et al., Appellants.

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

Decided June 9, 2016.

The court properly granted reargument based on plaintiff's contention that the unaffirmed CT scan reports prepared by her radiologist could be considered, because they had been referenced and relied upon by defendant's medical expert in diagnosing preexisting degenerative changes in plaintiff's cervical and lumbar spine (see Amamedi v Archibala, 70 A.D.3d 449 [1st Dept 2010], lv denied...

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