Seip v. Esposito

Appellate Division of the Supreme Court of New York

Seip v. Esposito

78 A.D.2d 850, 434 N.Y.S.2d 671, 1980 N.Y. App. Div. LEXIS 13546

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

DecidedNovember 3, 1980

StatusPublished

Cited by1 cases

This text of 78 A.D.2d 850 (Seip v. Esposito) 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

Seip v. Esposito, 78 A.D.2d 850, 434 N.Y.S.2d 671, 1980 N.Y. App. Div. LEXIS 13546 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, defendant Roberto Frick appeals from an order of the Supreme Court, „ Nassau County, dated Hay 5, 1980, which denied his motion to amend his answer so as to include as an affirmative defense in mitigation of damages the plaintiff’s failure to install seat belts in her car (in which she was riding as a passenger at the time of the accident) and/or her failure to use a seat belt restraint at the time of the accident. Order reversed, with $50 costs and disbursements, and motion granted (see Karras v County of Westchester, 71 AD2d 878). The amended answer, in the form annexed to the moving papers is deemed served. Titone, J. P., Hangano, Hartuscello and Weinstein, JJ., concur.

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In a negligence action to recover damages for personal injuries, defendant Roberto Frick appeals from an order of the Supreme Court, „ Nassau County, dated Hay 5, 1980, which denied his motion to amend his answer so as to include as an affirmative defense in mitigation of damages the plaintiff’s failure to install seat belts in her car (in which she was riding as a passenger at the time of the accident) and/or her failure to use a seat belt restraint at the time of the accident. Order reversed, with $50 costs and disbursements, and motion granted (see Karras v County of Westchester, 71 AD2d 878). The amended answer, in the form annexed to the moving papers is deemed served. Titone, J. P., Hangano, Hartuscello and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 850, 434 N.Y.S.2d 671, 1980 N.Y. App. Div. LEXIS 13546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seip-v-esposito-nyappdiv-1980.

Opinion

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