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DOUGLAS REID, Appellant, v. BARBARA SPIVACK, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the Supreme Court's determination that the affirmation of the plaintiff's physician consisted of conclusory allegations based on subjective complaints of pain. Under these circumstances the plaintiff failed to raise a triable issue of fact on the crucial issue of "serious injury" and the granting of the defendant's motion for summary judgment dismissing the complaint was proper (Insurance Law § 5102 [d]; Lopez v Senatore, 65 N.Y.2d 1017; Scheer v. Koubek, 70 N.Y.2d 678; Lowe v Bennett, 122 A.D.2d 728, 729). Mangano, P.J., Thompson, Bracken and Eiber, JJ., concur.

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REID v. SPIVACK
(Apr 16, 1990)