DABBS v. KELLY

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 collision was a proximate cause of the fracture which he suffered ( see, Elter v. Ritvo, 228 A.D.2d 410; Waaland v. Weiss, 228 A.D.2d 435).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.