WEISER, ALEXANDER G. v. WILBER, MARYCLAIRE P.

Appeal from an order of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered October 3, 2014. The order, insofar as appealed from, denied that part of the motion of plaintiff seeking to strike defendants’ affirmative defense of failure to wear a seatbelt.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained in a motor vehicle accident. Contrary to plaintiff’s contention, Supreme Court properly denied that part of his motion seeking to strike…