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WARDLAW v. FORD MKTG. CORP.

53 A.D.2d 610 (1976)

Mary Wardlaw, Individually and as Administratrix of The Estate of Robert L. Wardlaw, Deceased, Appellant, v. Ford Marketing Corp. et al., Respondents

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

June 1, 1976

Order affirmed, without costs or disbursements.

Approximately five months after the Court of Appeals held, in Spier v Barker (35 N.Y.2d 444), that nonuse of a seat belt may be considered in arriving at a determination as to whether a plaintiff used due care to mitigate any injury likely to be sustained as a result of an accident, the defendants made the within motion for leave to amend their answer to interpose an affirmative...

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