Plaintiffs argue that defendants cannot meet their burden of showing that operable seat belts were available since one defendant defaulted in appearing, the second had his answer stricken and the third has been precluded from testifying at trial. The argument is without merit. A seat-belt defense goes strictly to damages, not liability (see Garcia v Tri-County Ambulette Serv.,
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O'CONNOR v. S AND R MEDALLION CORPORATION
2 A.D.3d 176 (2003)
767 N.Y.S.2d 773
PATRICIA O'CONNOR et al., Appellants, v. S AND R MEDALLION CORPORATION, Defendant, and S.J. JEAN-FRANCOIS et al., Respondents. (And Other Actions.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 9, 2003.
December 9, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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