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DONNA M. MUCCI et al., Respondents, v. TIMOTHY N. RUGGERIO, Appellant.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The conclusory statements offered by the injured plaintiff and her doctor in their affidavits in opposition to the defendant's motion for summary judgment fail to establish a prima facie case of "serious injury" (Spangenberg v. Dombrowski, 114 A.D.2d 497, 498; see, Post v. Broderick, 104 A.D.2d 977). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

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MUCCI v. RUGGERIO
(Oct 26, 1987)