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KARNBACH v. BOULD

24 A.D.2d 600 (1965)

Helen Karnbach, as Administratrix of The Estate of Gary Karnbach, Deceased, Respondent-Appellant, v. Bernard W. Bould, Appellant-Respondent. (Action No. 1.) Helen Karnbach, as Administratrix of The Estate of Gary Karnbach, Deceased, Respondent-Appellant, v. Incorporated Village of Old Westbury, Appellant-Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 12, 1965

Amended judgment reversed on the law, and a new trial granted, with costs to abide the event. The findings of fact made in the court below are affirmed. Appeal from decision dismissed, without costs; no appeal lies from a decision.

In our opinion, it was reversible error for the trial court, in its charge to the jury, to invoke former section 56 of the Vehicle and Traffic Law (now § 1180) as a basis for finding negligence...

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