COSTANZA v. CITY OF NEW YORK


147 Misc.2d 94 (1990)

Thomas S. Costanza et al., Plaintiffs, v. City of New York, Defendant.

Civil Court of the City of New York, Queens County.

March 12, 1990


Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Gregory Newman of counsel), for defendant. Michael A. Cervini for Thomas S. Costanza, plaintiff.


JOHN A. MILANO, J.

The following question, unanswered in reported cases to date, is now presented to this court. Does a defendant comply with the provisions of Vehicle and Traffic Law § 1229-c, i.e., the "seat-belt defense", by pleading in its answer the defense of culpable conduct? For the reasons explained below the court answers this question in the negative.

Before proceeding to the reasons...

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