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JAMES E. STIPES, II, Appellant, v. HEINZ M. KOPF, Respondent.

Ordered that the order is affirmed, with costs.

The medical evidence submitted by the defendant made out a prima facie case that the plaintiff did not sustain a serious injury as defined by Insurance Law § 5102 (d). The medical evidence submitted by the plaintiff in opposition to the motion indicated that, at most, he sustained a "minor, mild or slight" limitation, which is insignificant within the meaning of the statute ( Licari v. Elliott, 57 N.Y.2d 230, 236).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.

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STIPES v. KOPF
(Nov 23, 1998)