Does a driver have an opportunity to mitigate damages by not removing the manufacturer-installed seatbelt?

Indeed, just as an available and visible seat belt provides a passenger with an opportunity to mitigate damages by minimizing his or her exposure to potential injury before an accident (Spier v. Barker, supra, 35 N.Y.2d 444, 363 N.Y.S.2d 916, 920, 323 N.E.2d 164, 168), so does an owner/operator have the opportunity to lessen that risk by refraining from removing manufacturer-installed

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Judgment reversed.

ADAMS, J. ^* , concurs.

LEWIS, Associate Justice.