Gabrielli, J. Presented for our consideration, for the first time, is the question of what effect, if any, the failure of a plaintiff to wear a seat belt has upon his right to recovery in an action for personal injuries incurred in a motor vehicle accident. The plaintiff appeals, by leave of this court, from an order of the Appellate Division, Third Department (42 A D 2d 428), unanimously affirming a judgment of the Supreme Court…
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