Calandrillo v. Alessi

Appellate Division of the Supreme Court of New York

Calandrillo v. Alessi

242 A.D.2d 551, 662 N.Y.S.2d 92, 1997 N.Y. App. Div. LEXIS 8730

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

DecidedSeptember 15, 1997

StatusPublished

This text of 242 A.D.2d 551 (Calandrillo v. Alessi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calandrillo v. Alessi, 242 A.D.2d 551, 662 N.Y.S.2d 92, 1997 N.Y. App. Div. LEXIS 8730 (N.Y. Ct. App. 1997).

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Opinion

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an [552]*552order of the Supreme Court, Suffolk County (Doyle, J.), dated August 7, 1996, as granted the motion of the defendant Alan R. Daab, Jr., for summary judgment dismissing the complaint insofar as asserted against him.

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

We reject the plaintiffs contention that defendant, Alan R. Daab, Jr., the operator of the vehicle in which the adult plaintiff was a front-seat passenger, had a duty to ensure that she was restrained by a safety belt before operating the vehicle (see, Stewart v Taylor, 193 AD2d 1078). Copertino, J. P., Pizzuto, Krausman and Florio, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an [552]*552order of the Supreme Court, Suffolk County (Doyle, J.), dated August 7, 1996, as granted the motion of the defendant Alan R. Daab, Jr., for summary judgment dismissing the complaint insofar as asserted against him.

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

We reject the plaintiffs contention that defendant, Alan R. Daab, Jr., the operator of the vehicle in which the adult plaintiff was a front-seat passenger, had a duty to ensure that she was restrained by a safety belt before operating the vehicle (see, Stewart v Taylor, 193 AD2d 1078). Copertino, J. P., Pizzuto, Krausman and Florio, JJ., concur.

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Bluebook (online)

242 A.D.2d 551, 662 N.Y.S.2d 92, 1997 N.Y. App. Div. LEXIS 8730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calandrillo-v-alessi-nyappdiv-1997.

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