GABRIELLI v. BIRO


140 A.D.2d 948 (1988)

Irene Gabrielli et al., Appellants, v. Marylyn E. Biro, Respondent

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

May 27, 1988


Judgment unanimously reversed on the law with costs and new trial granted.

Memorandum:

The trial court erred when despite timely objection, it instructed the jury that plaintiff was negligent when she failed to stop at the stop sign at the intersection of St. Paul Street and Lockport Road. Because conflicting evidence was presented on the issue of whether plaintiff stopped at the stop sign, it presented an issue of fact for the jury's determination. It was...

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