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114 A.D.2d 497

Spangenberg v. Dombrowski

Appellate Division of the Supreme Court of the State of New York · decided 1985-10-28

Cited by 1 later decisions — most recently August 1991

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-28

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¶1—In an action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Orange County (Dickinson, J.), entered November 27, 1984, which denied his motion for summary judgment.

¶2Order reversed, on the law, with costs, motion granted, and complaint dismissed.

¶3Plaintiffs have failed to meet their burden of establishing a *498prima facie case of "serious injury” as defined in Insurance Law former § 671 (4) (now Insurance Law § 5102 [d]). The allegation of occasional shoulder and/or back pain does not constitute a "significant limitation” within the meaning of the statute (Licari v Elliott, 57 NY2d 230; Post v Broderick, 104 AD2d 977; Nolan v Werner Ford, 100 AD2d 579, affd 64 NY2d 681). Mangano, J. P., Bracken, Weinstein, Lawrence and Hooper, JJ., concur.

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