Appellate Division of the Supreme Court of the State of New York February 15, 1928 (Cozzolino v. Raffetto Bros.)

Judgment reversed on the law and the facts, and a new trial granted, costs to appellant *731to abide the event. The learned trial court erred in holding as a matter of law that defendant’s driver was not negligent in proceeding to cross the intersection, under the circumstances disclosed by the record.