52 A.D.3d 1089 (2008)

861 N.Y.S.2d 431

BRIAN FITZPATRICK, Appellant, v. BRIA K. CURRIE et al., Defendants, and SUBARU OF AMERICA SERVICES, INC., Respondent.

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

Decided June 19, 2008.

Spain, J.P.

In January 2004, plaintiff was riding as a passenger in the front seat of a vehicle manufactured by defendant Subaru of America Services, Inc. when it became involved in a collision with another vehicle driven by defendant Bria K. Currie, resulting in the deployment of plaintiff's passenger-side air bag. Plaintiff, who was wearing a seat belt at the time, suffered injuries primarily to his face and right eye when the vehicle's air bag deployed. Plaintiff...

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