Varela v. Previti

Supreme Court, Bronx County, entered on January 11, 1977, on a jury verdict in favor of defendants, unanimously reversed, on the law, vacated and the case remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. Plaintiff Varela and the Marinos were walking across City Island Avenue, at other than an intersection or crosswalk, at 2:00 a.m. on August 9, 1970, when they were struck by a car driven by defendant Steve Previti. The evidence was all but conclusive that defendant was negligent. However to determine whether Varela was contributorily negligent it…