AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

PATRICK STEVENSON, JR., et al., Respondents, v. JUSTIN STOCKSLAGER et al., Defendants and Third-Party Plaintiffs-Appellants. JUELLA GUADALUPE, Third-Party Defendant.

Ordered that the order is affirmed, with costs.

"Pursuant to the unambiguous language of Vehicle and Traffic Law § 1229-c (8), the appellant[s] [are] expressly precluded from seeking to defend against liability based upon the claim that the children were not [wearing safety belts or] strapped in . . . child-car seats at the time of the accident" ( Boyd v Trent, 297 AD2d 301, 302; see General Obligations Law § 3-111; Spier v Barker, 35 NY2d 444; Martinez v Novin, 303 AD2d 653). Accordingly, there being no issue of fact raised in opposition to the plaintiffs' prima facie establishment of their right to judgment as a matter of law, the Supreme Court properly granted the plaintiffs' motion for summary judgment on the issue of liability ( see CPLR 3212).

Use AI to get other relevant cases.

Comments

STEVENSON v. STOCKSLAGER
(Oct 10, 2006)