SPIER v. BARKER


35 N.Y.2d 444 (1974)

Alyce J. Spier, Appellant, v. Donald F. Barker et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Kevin E. Whelan for appellant.

Laurence F. Sovik for respondents.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS concur.


GABRIELLI, J.

Presented for our consideration, for the first time, is the question of what effect, if any, the failure of a plaintiff to wear a seat belt has upon his right to recovery in an action for personal injuries incurred in a motor vehicle accident. The plaintiff appeals, by leave of this court, from an order of the Appellate Division, Third Department (42 A.D.2d 428

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