Legal Opinion
Spangenberg v. Dombrowski
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 1985PublishedCited by 5 opinions
1Opinion of the Court
—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.
Order reversed, on the law, with costs, motion granted, and complaint dismissed.
Plaintiffs 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…
2Cases cited4 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Nolan v. FordAppellate Division of the Supreme Court of the State of New York · 1984
- Nolan v. FordNew York Court of Appeals · 1984
- Post v. BroderickAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
- Oswin v. ShawNew Jersey Superior Court Appellate Division · 1991
- Zapputo v. MartoranoAppellate Division of the Supreme Court of the State of New York · 1990
- Garcon v. GirardAppellate Division of the Supreme Court of the State of New York · 1985
- Mucci v. RuggerioAppellate Division of the Supreme Court of the State of New York · 1987
- Passonno v. HallAppellate Division of the Supreme Court of the State of New York · 1986