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SHAFFER v. KASPEREK

79 A.D.2d 1092 (1981)

Donald Shaffer et al., Appellants, v. Thomas J. Kasperek et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 23, 1981

Judgment and order affirmed, without costs.

Memorandum:

In opposing the motion for summary judgment, plaintiffs failed to establish by admissible evidence the existence of a factual issue, i.e., any "`Serious injury'" within the meaning of subdivision 4 of section 671 of the Insurance Law, requiring a trial, or to give an acceptable excuse for their failure to do so (Zuckerman v City of New York, 49 N.Y.2d 557;

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