Alami v. Volkswagen of America, Inc.

In an action to recover damages for wrongful death, etc., the defendant appeals from so much of an order of the Supreme Court, Westchester County (Donovan, J.), dated October 30, 2002, as denied its cross motion pursuant to CFLR 3211 (a) (2) to dismiss, for lack of subject matter jurisdiction on the ground of federal preemption, that portion of the complaint which was premised upon the defendant’s failure to install a three-point lap-shoulder belt occupant restraint system in the vehicle in which the decedent was killed.

Ordered that the order is affirmed insofar as appealed from, with costs.

To…