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HALWICK v. DI DONNA

38 A.D.2d 613 (1971)

Joel Halwick, an Infant, by Mary E. Du Bois, His Mother, et al., Respondents, v. Rose Di Donna et al., Appellants, et al., Defendant

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

December 1, 1971

The verdict of the jury should be reversed and a new trial ordered due, inter alia, to the error in the charge of the court with particular reference to section 1163 of the Vehicle and Traffic Law. Judgment reversed, on the law and the facts, and a new trial ordered, with costs to abide the event.

Reynolds, J., concurs in the following memorandum:

In addition to the reversal upon the errors in the charge, the judgment should be reversed...

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