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REID v. SPIVACK

160 A.D.2d 859 (1990)

Douglas Reid, Appellant, v. Barbara Spivack, Respondent

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

April 16, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the Supreme Court's determination that the affirmation of the plaintiff's physician consisted of conclusory allegations based on subjective complaints of pain. Under these circumstances the plaintiff failed to raise a triable issue of fact on the crucial issue of "serious injury" and the granting of the defendant's motion for summary...

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