CALANDRILLO v. Alan R. Daab, Jr., Respondent. (1997)

Supreme Court, Appellate Division, Second Department, New York.

Nancy CALANDRILLO, Appellant, v. Michael ALESSI, et al., Defendants, Alan R. Daab, Jr., Respondent.

Decided: September 15, 1997

Before COPERTINO, J.P., and PIZZUTO, KRAUSMAN and FLORIO, JJ.

Albert Kostrinsky, Great Neck, for appellant. Shayne, Dachs, Stanisci, Corke & Sauer, Mineola (Jonathan A. Dachs, of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated August 7, 1996, as granted the motion of the defendant Alan R. Daab, Jr., for summary judgment dismissing the complaint insofar as asserted against him.

ORDERED that the order is affirmed insofar as appealed from, with costs.

We reject the plaintiff's contention that defendant, Alan R. Daab, Jr., the operator of the vehicle in which the adult plaintiff was a front-seat passenger, had a duty to ensure that she was restrained by a safety belt before operating the vehicle (see, Stewart v. Taylor, 193 A.D.2d 1078, 598 N.Y.S.2d 627).

MEMORANDUM BY THE COURT.

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