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NIEDELMAN v. JACOBY

127 A.D.2d 640 (1987)

Harold Niedelman, Individually and as Father and Natural Guardian of Jeffrey S. Niedelman and Another, Infants, Appellant, v. James W. Jacoby et al., Respondents

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

February 9, 1987

Ordered that the judgment is affirmed, with costs.

The plaintiffs contend on this appeal that the trial court's charge with respect to the contentions of the parties was erroneous insofar as it instructed the jury that the defendants were claiming that the plaintiffs "caused the accident by failing to exercise due care in proceeding into the intersection without looking and without observing what there was to be seen". According...

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