FINKEL v. BENOIT


211 A.D.2d 749 (1995)

622 N.Y.S.2d 295

Ester Finkel et al., Appellants, v. Jeanne L. Benoit et al., Respondents

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

January 30, 1995


Ordered that the judgment is reversed, on the facts and as an exercise of discretion, and a new trial is granted, with costs to abide the event.

On December 8, 1988, at approximately 9:00 A.M. on a clear day, an automobile driven by the defendant Jeanne L. Benoit struck and injured the plaintiff Ester Finkel while she was walking across the intersection of 21st Street and 44th Drive in Long Island City. The intersection was controlled by traffic lights and pedestrian...

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