Kochloffel v. Giordano
Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Burchell, J.), dated June 19, 1981, which, after a jury trial, dismissed their complaint. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The trial court erred in charging the jury that, as a matter of law, Jarmila Kochloffel (hereinafter plaintiff) was not within a crosswalk when she crossed the roadway. Subdivision (a) of section 110 of the Vehicle and Traffic Law clearly recognizes that a crosswalk at an intersection need not be delineated by lines or other markings on the road’s surface (Fan v Buzzitta, 42 AD2d 40, 42). Although the southerly side of the intersection where plaintiff crossed the roadway was not delineated by street markings, there was sufficient evidence adduced at trial from which the jury could reasonably have
Case-law data current through December 31, 2025. Source: CourtListener bulk data.