Elter v. Ritvo

Full title: JOHN R. ELTER et al., Appellants, v. SAMUEL RITVO et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 3, 1996

228 A.D.2d 410 (N.Y. App. Div. 1996)

643 N.Y.S.2d 424

Opinion

June 3, 1996

Appeal from the Supreme Court, Westchester County (Ingrassia, J.).

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

Material questions of fact remain as to whether the plaintiff John R. Elter suffered a "serious injury" as defined by Insurance Law § 5102 (d) and whether the injury was proximately caused by the accident ( see, Beckett v. Conte, 176 A.D.2d 774; Petrone v Thornton, 166 A.D.2d 513; Gokey v. Castine, 163 A.D.2d 709; Partlow v. Meehan, 155 A.D.2d 647; Insurance Law § 5102 [d]). Accordingly, the Supreme Court properly denied the plaintiffs' motion for partial summary judgment on these issues. Miller, J.P., Ritter, Krausman and McGinity, JJ., concur.