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ASAAD YOUSEF v. VERIZON INC.

33 A.D.3d 315 (2006)

822 N.Y.S.2d 247

HAIDY ONSY ASAAD YOUSEF, Appellant, v. VERIZON INC., Respondent, et al., Defendants.

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

Decided October 3, 2006.

Although the better practice would have been to plead Vehicle and Traffic Law § 1103 as an affirmative defense in its answer, Verizon was not required to do so inasmuch as the statute reflects the substantive law applicable to the facts of this case (see Wilson v State of New York, 269 A.D.2d 854 [2000], affd 95 N.Y.2d 455 [2000]). That provision was properly applied by the motion court...

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