RASCOE v. RITEWAY RENTALS, INC.


199 A.D.2d 9 (1993)

604 N.Y.S.2d 99

Washington Rascoe et al., Appellants, v. Riteway Rentals, Inc., Respondent and Third-Party Plaintiff-Respondent. New York Times Company, Third-Party Defendant-Respondent

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

December 2, 1993


Plaintiff's claim that defendant failed to provide him with an available seatbelt is without merit. The evidence demonstrates that plaintiff was unable to locate the seatbelt due to an obstruction caused by debris and papers covering the seatbelt. However, there is no evidence which indicates that said debris was the result of defendant's failure to maintain the vehicle. Indeed, the evidence is that the debris is properly attributed to the driver of the vehicle and his employer...

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