Order unanimously affirmed with costs.
Memorandum:
Supreme Court properly denied plaintiff's motion to dismiss defendant's second affirmative defense, premised on plaintiff's failure to use a seat belt. Plaintiff contends that, as the operator of a tractor-trailer, he was not legally required to wear a seat belt (see, Vehicle and Traffic Law §§ 151-a, 1229-c). "The fact that the law did not require plaintiff to wear his seat belt at the time...
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