McConnon v. Catalano

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered December 27, 1973, in favor of defendants, upon a jury verdict, after trial on the issue of liability only. Judgment affirmed, with costs. No opinion. Rabin, Acting P. J., Hopkins, Cohalan and Munder, JJ., concur; Martuscello, J., dissents and votes to reverse and grant a new trial, with the following memorandum: Reversible error was committed when the trial court, in charging the jury on the applicability of a traffic statute, said, "I have…