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FILIPPINI v. BECKWORTH

No. CV-90-1256.

776 F.Supp. 673 (1991)

Dina FILIPPINI and Scott Milchman, Plaintiffs, v. Walter BECKWORTH and United Newspaper Delivery Service, Defendants.

United States District Court, E.D. New York.

October 28, 1991.

Attorney(s) appearing for the Case

Richard M. Kass, New York City, for plaintiffs.

David J. Kilkenny, Downing & Mehrtens, New York City, for defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

This is a personal injury action with parties of diverse citizenship. The defendants have moved for summary judgment and to dismiss the complaint on the ground that the plaintiffs have failed to establish a prima facie case of "serious injury" under Section 5102(d) of the New York Insurance Law. For the reasons set forth below, the motion of the defendants is granted, and the complaint is dismissed.

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