Ordered that the judgment is reversed, on the law and in the exercise of discretion, the plaintiff's motion is denied, and the matter is remitted to the Supreme Court, Kings County, for a new trial on both liability and damages, with costs to abide the event.
The Supreme Court erred in granting the plaintiff's motion for judgment as a matter of law on the issue of liability, and in finding that the injured plaintiff was not at fault in the happening of the accident...
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