Appellate Division of the Supreme Court of the State of New York October 31, 1975 (Davis v. Davis)

Judgment unanimously affirmed, with costs. Memorandum: Plaintiff sued defendant for damages arising out of an automobile accident. Prior to trial defendant moved at Special Term for leave to amend his answer to include an affirmative seat belt defense based upon Spier v Barker (35 NY2d 444) which sanctioned the use of seat belt evidence on the issue of damages.