FELICE v. GERSHKON


34 A.D.2d 1008 (1970)

Louis Felice, Appellant, v. Ira N. Gershkon, Respondent

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

June 29, 1970


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The questions of fact have not been considered. Since the complaint was dismissed without submitting the case to the jury, this court must consider the facts and inferences therefrom in the light most favorable to plaintiff. Section 1144 of the Vehicle and Traffic Law grants the right of way to an authorized emergency vehicle whose light and siren are visible and audible. It further...

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