O'CONNOR v. S R MEDALLION CORP

Plaintiffs argue that defendants cannot meet their burden of showing that operable seat belts were available since one defendant defaulted in appearing, the second had his answer stricken and the third has been precluded from testifying at trial. The argument is without merit. A seat-belt defense goes strictly to damages, not liability ( see Garcia v. Tri-County Ambulette Serv., 282 A.D.2d 206; Martinez v. Novin, 303 A.D.2d 653), and defendants' defaults do not affect their right to offer proof on damages ( see Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568, 572).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.