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POLANCO v. HOLKMANN

6495, 305993/10.

161 A.D.3d 477 (2018)

73 N.Y.S.3d 881

2018 NY Slip Op 03330

Joel Polanco, Appellant, v. Mandez Holkmann, Respondent.

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

Decided May 8, 2018.

Defendant satisfied his prima facie burden of demonstrating that plaintiff did not sustain a serious injury to his lumbar spine as a result of the subject 2009 motor vehicle accident. Defendant submitted plaintiff's medical records, which included reports of MRIs of his lumbar spine, taken after a prior accident in 2000 and the subject accident in 2009, showing the same herniated disc (see Nakamura v Montalvo, 137 A.D.3d 695, 696...

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