WATTS v. COLONIAL SAND & STONE


64 Misc.2d 889 (1970)

Shirley Watts, as Administratrix of The Estate of James Watts, Deceased, Plaintiff, v. Colonial Sand and Stone, Inc., Defendant.

Supreme Court, Trial Term, Kings County.

December 7, 1970


Attorney(s) appearing for the Case

McLaughlin, Fiscella & Gervais (Richard C. Mooney of counsel), for defendant. Harry H. Lipsig and Joseph Castleman for plaintiff.


SIMON J. LIEBOWITZ, J.

In this wrongful death action defendant moves to set aside the jury's verdict on the basis of its exceptions to the court's charge that the marginal street from which the truck of the defendant Colonial Sand and Stone, Inc. (Colonial) was stolen is a highway within the purview of section 1210 of the Vehicle and Traffic Law and section 435-17.0 of the Administrative Code of the City of New York. Said sections interdict the leaving...

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