Watts v. Colonial Sand & Stone, Inc.

In this wrongful death action defendant moves to set aside the jury’s verdict on the basis of its exceptions to the court’s charge that the marginal street from which the truck of the defendant Colonial Sand and Stone, Inc. (Colonial) was stolen is a highway within the purview of section 1210 of the Vehicle and Traffic Law and section 435-17.0 of the Administrative Code of the City of New York. Said sections interdict the leaving of a key in the ignition of an unattended motor vehicle on a highway.

*890Defendant contends that a marginal street, by statutory definition and by our court decisions,…