CAMPBELL v. NAT'L ACOUSTICS, INC.


79 A.D.2d 912 (1981)

Bernard Campbell et al., Respondents, v. National Acoustics, Inc., Appellant, et al., Defendant

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

January 8, 1981


Unanimously reversed, on the law, and case remanded for a new trial, with costs to abide the event.

The testimony at trial indicated that plaintiff Bernard Campbell was crossing Hempstead Avenue at the corner of Springfield Boulevard when he was struck by the subject vehicle. However, the record is silent as to whether plaintiff was inside or outside a marked or unmarked crosswalk at the time of the occurrence. The trial court presented a factual question to the jury...

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