Opinion
October 28, 1985
Appeal from the Supreme Court, Orange County (Dickinson, J.).
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.