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VIOLET SPANGENBERG et al., Respondents, v. STANLEY DOMBROWSKI, Appellant.

Order reversed, on the law, with costs, motion granted, and complaint dismissed.

Plaintiffs have failed to meet their burden of establishing a prima 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 N.Y.2d 230; Post v Broderick, 104 A.D.2d 977; Nolan v Werner Ford, 100 A.D.2d 579, affd 64 N.Y.2d 681). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.

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SPANGENBERG v. DOMBROWSKI
(Oct 28, 1985)