Opinion
May 17, 1971
In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered October 20, 1970, in favor of defendant upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered. The record shows that the charge of the Trial Justice assumed the existence of facts that were an issue in the case to be determined by the jury. Martuscello, Acting P.J., Latham, Shapiro, Brennan and Benjamin, JJ., concur.