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STIPES v. KOPF

Appellate Division of the Supreme Court of New York, Second Department.
Nov 23, 1998

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 ยง 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.