New York Court of Appeals October 20, 1998 (Gayle v. City of New York)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with

*937

costs, and the matter remitted to the Appellate Division for consideration of the facts and issues raised but not determined on appeal to that Court.

Plaintiff Kenneth Gayle was injured when his car skidded on a wet roadway and collided with a parked trailer.