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ALAMI v. VOLKSWAGEN OF AMERICA, INC.

10 A.D.3d 344 (2004)

780 N.Y.S.2d 638

SHAUNA ALAMI, Respondent v. VOLKSWAGEN OF AMERICA, INC., Appellant.

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

Decided August 2, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

To the extent that the plaintiff's common-law causes of action are premised on the defendant's failure to install a three-point lap-shoulder belt occupant restraint system in the vehicle in which the decedent was killed, they may not be preempted by the National Traffic and Motor Vehicle Safety Act of 1966 (49 USC § 30101 et seq.) or the relevant provisions of Federal Motor Vehicle...

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