Dagim v. Schein

In a negligence action to recover damages for personal and property injuries, plaintiff Dagim appeals from so much of an interlocutory judgment of the Supreme Court, Queens County, entered July 11, 1973, as is against him on the issue of liability, upon a jury verdict. Interlocutory judgment reversed insofar as appealed from, on the law and facts, and new trial granted as between plaintiff Dagim and defendant, with costs to abide the event. In our opinion, the trial court erred in its charge to the jury when it alluded to subdivision (a) of section 1129 of the Vehicle and Traffic Law,…