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DAVIS v. BRADFORD

226 A.D.2d 670 (1996)

642 N.Y.S.2d 48

Rosa L. Davis, Appellant, v. Gary R. Bradford et al., Respondents

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

April 29, 1996

Ordered that the judgment is affirmed, with costs.

While we agree with the plaintiff that the defendants should have been precluded from eliciting expert testimony regarding the plaintiff's alleged nonuse of the lap seat belt in the car in which she was a passenger (see, Siegfried v Siegfried, 123 A.D.2d 621), admission of the testimony was harmless. Evidence pertaining to a plaintiff's nonuse of a seat belt goes to...

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