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THOMAS v. ADRIAN BOOKER
Appellate Division of the Supreme Court of New York, First Department.
Aug 17, 2010
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Defendants made a prima facie showing that plaintiff's injuries were caused by preexisting, degenerative conditions rather than the accident ( Ortiz v Ash Leasing, Inc., 63 AD3d 556, 557). Plaintiffs submissions were insufficient to defeat summary judgment not only because her experts failed to raise an issue of fact addressing the evidence of her preexisting cervical spine disease with "factually based medical opinions ruling out . . . degenerative conditions as the cause of her limitations" ( Rose v Citywide Auto Leasing, Inc., 60 AD3d 520), but also because her experts failed to demonstrate a causal nexus between the accident and plaintiffs injury in the first instance ( Jimenez v Rojas, 26 AD3d 256, 257).
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