Legal Opinion
Davis v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1975PublishedCited by 10 opinions
1Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: Plaintiff sued defendant for damages arising out of an automobile accident. Prior to trial defendant moved at Special Term for leave to amend his answer to include an affirmative seat belt defense based upon Spier v Barker (35 NY2d 444) which sanctioned the use of seat belt evidence on the issue of damages. Special Term properly denied the motion. CPLR 3025 (subd [b]) provides that leave shall be freely given unless prejudice and unfair advantage will result (see, e.g., Leutloff v Leutloff, 47 Misc 2d 458). However, since neither the car…
2Cases cited2 opinions
- Spier v. BarkerNew York Court of Appeals · 1974
- Leutloff v. LeutloffNew York Supreme Court · 1965
3Cited by10 opinions
- Levantino v. Insurance Co. of North AmericaNew York Supreme Court · 1979
- Wooten v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- Brodvin v. Hertz Corp.District Court, S.D. New York · 1980
- Penzell v. StateNew York Court of Claims · 1983
- Fernandez v. VukosaCivil Court of the City of New York · 1980
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