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AYERS v. O'BRIEN

19 Misc.3d 449 (2008)

852 N.Y.S.2d 730

MARC A. AYERS, Plaintiff, v. JAMES E. O'BRIEN et al., Defendants.

Supreme Court, Broome County.

February 19, 2008.

Attorney(s) appearing for the Case

Cellino & Barnes, P.C., Buffalo (Denis J. Bastible of counsel), for plaintiff.

Mitchell, Goris & Stokes, LLC, Cazenovia (Mark D. Goris of counsel), for defendants.

OPINION OF THE COURT

FERRIS D. LEBOUS, J.

Plaintiff Marc A. Ayers commenced this action seeking monetary damages for personal injuries suffered in an automobile accident. By way of this motion, plaintiff moves for an order: (1) declaring his conduct was not in reckless disregard for the safety of others, (2) dismissing defendants' first affirmative defense (ordinary negligence), and (3) dismissing defendants' fourth affirmative defense (seat belt defense...

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