McCONNON v. CATALANO


48 A.D.2d 703 (1975)

Edward McConnon et al., Appellants, v. Theresa J. Catalano et al., Respondents

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

May 27, 1975


Judgment affirmed, with costs.

No opinion.

Martuscello, J., dissents and votes to reverse and grant a new trial, with the following memorandum:

Reversible error was committed when the trial court, in charging the jury on the applicability of a traffic statute, said, "I have read this statute to you not because I have determined as a matter of law that it is applicable to this case, but to apprise you what the law is in the event you decide...

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