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BURZSTEIN v. PURETZ

88 A.D.2d 630 (1982)

Elihu Burzstein, an Infant, by His Mother and Natural Guardian, Esther Bursztyn, et al., Plaintiffs, v. Yehuda L. Puretz et al., Defendants. (Action No. 1.) Samuel Feldman, Respondent, v. H. L. F. McBride, Inc., et al., Appellants. (Action No. 2.)

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

May 17, 1982

Judgment reversed, without costs or disbursements, and new trial granted as to the issue of liability only.

The verdict as to damages is held in abeyance pending the new trial. In view of the definition of "intersection" in section 120 of the Vehicle and Traffic Law, it was error for the trial court to have charged that the site of the subject accident was not an intersection and thus not governed by subdivision (b) of section 1172 of the Vehicle and Traffic Law,...

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