Dabbs v. Kelly

—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…