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JONATHAN ROBINSON v. MINNIE FERENS (11/03/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


November 3, 1969

JONATHAN ROBINSON, AN INFANT, BY HIS MOTHER MOTY B. ROBINSON, ET AL., APPELLANTS,
v.
MINNIE FERENS, RESPONDENT

In a negligence action to recover damages for personal injuries, medical expenses, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County, dated May 14, 1969, in favor of defendant upon the verdict of a jury after a trial on the issues of liability only.

Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

In our opinion, the trial court committed reversible error in refusing to have the summations recorded (cf. Devine v. Keller, 32 A.D.2d 34, 36; Croix v. New York City Tr. Auth., 28 A.D.2d 691; Sharp v. City of Hornell, 12 A.D.2d 1002) and in refusing to charge section 60 of the New York City Traffic Regulations as requested (Taggart v. Vogel, 3 N.Y.2d 58, 60).

Disposition

Judgment reversed, on the law, and new trial granted, with costs to abide the event. The findings of fact below have been affirmed.

19691103

© 1998 VersusLaw Inc.



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