Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The findings of fact have not been considered or reached. The deceased was operating his automobile southbound on Third Avenue in Brooklyn on the evening of February 26, 1969 when his car struck a tractor-trailer owned by defendant which was parked in the left hand lane. Trial Term found that defendant's vehicle was not parked illegally and, for that reason, concluded that defendant...
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