Zapp v. Ross Pontiac, Inc.

In a personal injury action, defendants appeal from an order of the Supreme Court, Suffolk County, entered November 17, 1971, which directed an assessment of damages to be held, a jury having rendered a verdict in favor of plaintiffs on the issues of liability. Order reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. In Lalomia v. Bankers & Shippers Ins. Co. (35 A D 2d 114, 116) this court held that a motorized bicycle was a motor vehicle within the Vehicle and Traffic Law, for *740the following reason: “To hold that the…