Spangenberg v. Dombrowski

Appellate Division of the Supreme Court of New York

Spangenberg v. Dombrowski

114 A.D.2d 497, 494 N.Y.S.2d 410, 1985 N.Y. App. Div. LEXIS 53198

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 28, 1985

StatusPublished

Cited by5 cases

This text of 114 A.D.2d 497 (Spangenberg v. Dombrowski) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spangenberg v. Dombrowski, 114 A.D.2d 497, 494 N.Y.S.2d 410, 1985 N.Y. App. Div. LEXIS 53198 (N.Y. Ct. App. 1985).

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Opinion

—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 [498]*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 the statute (Licari v Elliott, 57 NY2d 230; Post v Broderick, 104 AD2d 977; Nolan v Werner Ford, 100 AD2d 579, affd 64 NY2d 681). Mangano, J. P., Bracken, Weinstein, Lawrence and Hooper, JJ., concur.

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—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 [498]*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 the statute (Licari v Elliott, 57 NY2d 230; Post v Broderick, 104 AD2d 977; Nolan v Werner Ford, 100 AD2d 579, affd 64 NY2d 681). Mangano, J. P., Bracken, Weinstein, Lawrence and Hooper, JJ., concur.

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Bluebook (online)

114 A.D.2d 497, 494 N.Y.S.2d 410, 1985 N.Y. App. Div. LEXIS 53198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spangenberg-v-dombrowski-nyappdiv-1985.

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