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OTERO v. HYATT

235 A.D.2d 407 (1997)

652 N.Y.S.2d 100

Lisa Otero, Appellant, v. Rodney Hyatt, Respondent

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

January 13, 1997

Ordered that the judgment is affirmed, with costs.

This negligence action arises from an incident which occurred late in the evening of August 29, 1991, when the plaintiff allegedly fell out of the defendant's moving car as she proceeded to open the door with the intention of quickly and properly reclosing it. Although the defendant's vehicle was equipped with seat belts, the plaintiff was not wearing one at the time. At...

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