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REITANO v. DOBBS

31 A.D.2d 104 (1968)

Cosmo Reitano et al., Appellants, v. Charles Dobbs, Respondent

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

December 10, 1968.

Attorney(s) appearing for the Case

Bernard Meyerson for appellants.

Mark A. Lombardi of counsel (Flood & Purvin, attorneys), for respondent.

BOTEIN, P. J., and EAGER, J., concur with STEUER, J.; CAPOZZOLI, J., dissents in opinion, in which McNALLY, J., concurs.

STEUER, J.

In this personal injury action arising out of a collision between automobiles, the plaintiffs assert several reasons why the verdict of the jury in favor of the defendant should be set aside. We find that none of them requires that to be done.

The first claimed error is based on a sentence in the charge quoted in the dissenting opinion. The appellants contend that this was an instruction to...

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