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DABBS v. KELLY

245 A.D.2d 482 (1997)

666 N.Y.S.2d 40

Thomas F. Dabbs, Jr., Appellant, v. Margaret Kelly et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1997

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 injury" 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...

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