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DAVIS v. DAVIS

49 A.D.2d 1024 (1975)

Sadie Davis, Respondent, v. Henry Davis, Appellant

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

October 31, 1975

Judgment unanimously affirmed, with costs.

Memorandum:

Plaintiff sued defendant for damages arising out of an automobile accident. Prior to trial defendant moved at Special Term for leave to amend his answer to include an affirmative seat belt defense based upon Spier v Barker (35 N.Y.2d 444) which sanctioned the use of seat belt evidence on the issue of damages. Special Term properly denied the motion. CPLR 3025...

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