Markel v. Broadway Garage

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Orange County (Isseks, J.), entered January 27, 1984, which was in favor of defendants, after a jury verdict.

Judgment affirmed, with costs.

The trial court erred in charging the jury with respect to Vehicle and Traffic Law § 1152 (a), since, as all parties concede, plaintiff Robert Markel was not crossing the street when he was struck by the Edge vehicle. We find, however, that the clear import of the charge and the concept properly conveyed to the jury was that both…