This is an appeal by defendant from a jury verdict in favor of plaintiff in the sum of $40,000, for alleged personal injuries. It is defendant's contention that the verdict is excessive and that the court erred in refusing to charge section 1252 of the Vehicle and Traffic Law. From an examination of the record in its entirety we are of the view that the court properly determined that section 1252 had no application to the instant factual situation. It was, therefore, not...
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