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CURRY v. MOSER

89 A.D.2d 1 (1982)

Dorothea Curry, Respondent, v. Robert Moser et al., Appellants

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

September 20, 1982

Attorney(s) appearing for the Case

J. Robert Morris (Michael Majewski and Joseph D. Ahearn of counsel), for Catherine Cleary, appellant.

Howard S. Kass, P. C., for Robert Moser and others, appellants.

Siben & Siben (Maxwell D. Weinstein of counsel), for respondent.

THOMPSON, J. P., RUBIN and BOYERS, JJ., concur.

BROWN, J.

On this appeal we are asked to determine, inter alia, when and under what circumstances the failure of a passenger to wear an available seat belt may be considered with respect to the issue of liability. We hold that, under the unique facts of this case and contrary to the general rule announced in Spier v Barker (35 N.Y.2d 444), the defendants should...

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