Appellate Division of the Supreme Court of New York, 1997

Dabbs v. Kelly

Appellate Division of the Supreme Court of New York · Decided December 22, 1997

245 A.D.2d 482; 666 N.Y.S.2d 40; 1997 N.Y. App. Div. LEXIS 13263

Cases that cite this one

5 later published cases cite this decision.

Irvin v. Limberis (Appellate Division of the Supreme Court of New York 2025)
Degachi v. Faridi (Appellate Division of the Supreme Court of New York 2023)
Diliberto v. Barberich (Appellate Division of the Supreme Court of New York 2012)
Alexander v. Gordon (Appellate Division of the Supreme Court of New York 2012)
Alexander v. Gordon (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), dated June 16, 1997, as denied his motion for summary judgment dismissing the respondents’ affirmative defense that he had not sustained a “serious injury” as defined by Insurance Law § 5102 (d).

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

The Supreme Court properly denied that branch of the plaintiff’s motion which was to dismiss the respondents’ affirmative defense that the plaintiff had not sustained a “serious *483injury” as defined by Insurance Law § 5102 (d). The plaintiff failed to submit sufficient evidence in admissible form to establish a prima facie case that the underlying collision was a proximate cause of the fracture which he suffered (see, Elter v Ritvo, 228 AD2d 410; Waaland v Weiss, 228 AD2d 435). Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.