Legal Opinion

Garcia v. Tri-County Ambulette Service, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 2001PublishedCited by 22 opinions

1Opinion of the Court

—Order, *207Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 17, 2000, which denied plaintiffs motion for partial summary judgment on the issue of liability and to strike defendant’s affirmative defense of failure to utilize seatbelts, unanimously reversed, on the law, without costs, plaintiffs motion granted to the extent of finding no culpable conduct by plaintiff on the issue of liability and limiting defendants’ seatbelt defense to the jury’s determination of plaintiffs damages and in mitigation thereof and the matter remanded for further proceedings.

Plaintiff…

2Cases cited3 opinions

  1. Spier v. BarkerNew York Court of Appeals · 1974
  2. Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
  3. Tome v. BuitragoAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by22 opinions

  1. Phillip v. D&D Carting Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Medina v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
  3. Van Nostrand v. FroehlichAppellate Division of the Supreme Court of the State of New York · 2007
  4. Oluwatayo v. DulinayanAppellate Division of the Supreme Court of the State of New York · 2016
  5. Gallo v. JairathAppellate Division of the Supreme Court of the State of New York · 2014

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