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BERNARD WILLIAMS, APPELLANT, v. ALVIN E. HASENFLUE, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant established his prima facie entitlement to summary judgment by submitting evidence that the plaintiff's injury was not proximately caused by the subject car accident. While a disc herniation may constitute a serious injury, the plaintiff's submissions failed to raise a triable issue of fact that the subject accident was the proximate cause of his injuries (see, Cacaccio v. Martin, 235 A.D.2d 384).

BRACKEN, J.P., JOY, THOMPSON, GOLDSTEIN and FEUERSTEIN, JJ., concur.

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WILLIAMS v. HASENFLUE
(May 15, 2000)