Practice point: Regardless of an issue of comparative negligence as between the driver of the vehicle in which plaintiff was a passenger and the driver of the other vehicle, plaintiff may seek partial summary judgment against the other vehicle's driver.
note: The assertion of a seat-belt defense goes to the determination of
damages, as a potentially mitigating factor, and not to liability.
Case: Davis v. Turner, NY Slip Op 07922 (1st Dept. 2015)
Here is the decision.
Tomorrow's issue: Additional discovery after filing a note of issue.