Judgment reversed, in the interests of justice, and a single new trial, to determine both liability and damages, granted, with costs to abide the event.
The instant action was tried before a jury, on the issue of liability only, on January 9 and 10, 1974. The trial court's charge to the jury included the rule of Gochee v. Wagner (257 N.Y. 344), to wit, that negligence of the operator of the vehicle in which the owner is a passenger will be imputed to the owner...
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