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SPANGENBERG v. DOMBROWSKI

114 A.D.2d 497 (1985)

Violet Spangenberg et al., Respondents, v. Stanley Dombrowski, Appellant

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

October 28, 1985

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

Plaintiffs have failed to meet their burden of establishing a prima 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...

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