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VAN VALKENBURGH v. KOEHLER

164 A.D.2d 971 (1990)

Mark Van Valkenburgh, Respondent, v. Frederick G. Koehler et al., Appellants, et al., Defendants. Mark Van Valkenburgh, Respondent, v. Tops Friendly Markets, Inc., Appellant. (Appeal No. 2.)

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

August 10, 1990

Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

The court's charge was erroneous in three respects and reversal of those judgments in which Tops Friendly Markets, Inc. was a defendant must be reversed. First, the court erred in failing to charge Vehicle and Traffic Law § 1195, thereby failing to instruct the jury that the blood alcohol test result of .01% was prima facie...

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