MITCHELL v. GONZALEZ


264 A.D.2d 644 (1999)

695 N.Y.S.2d 343

GEORGETTE MITCHELL, Appellant, v. LARRY GONZALEZ et al., Respondents.

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

Decided September 23, 1999.


Assuming in plaintiffs favor that an issue exists as to whether the cause of the car door's opening and then reclosing on her thumb was the seatbelt inadvertently left outside the car when the door was closed, no issue exists as to whether defendant driver had notice of this allegedly hazardous condition. Moreover, nothing in the record tends to show that the clicking noise heard prior to the accident was indicative of this or any...

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