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STEWART v. TAYLOR

193 A.D.2d 1078 (1993)

598 N.Y.S.2d 627

Hazel Stewart, as Parent and Natural Guardian of Leapert Stewart, Jr., Appellant, v. Shawn D. Taylor et al., Defendants, and Kenneth Batiste et al., Respondents

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

May 28, 1993

Order unanimously affirmed without costs.

Memorandum:

Leapert Stewart, Jr., was a front-seat passenger in a vehicle operated by defendant Kenneth Batiste when that vehicle collided with a pickup truck operated by defendant Shawn D. Taylor. At that time, Stewart was 16 years old. Plaintiff, in an amended bill of particulars, alleged that defendant Batiste, as a driver, was negligent in failing to ensure that Stewart, his front-seat passenger, was wearing a...

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