Interlocutory judgment reversed insofar as appealed from, on the law and facts, and new trial granted as between plaintiff Dagim and defendant, with costs to abide the event.
In our opinion, the trial court erred in its charge to the jury when it alluded to subdivision (a) of section 1129 of the Vehicle and Traffic Law, commonly known as the "tailgating statute". In doing so, the court introduced an issue of tailgating, which was not supported by the evidence adduced...
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