Beck v. Coby
| Decision Date | 20 April 1976 |
| Parties | Sam BECK et al., Plaintiffs-Respondents-Appellants, v. Harry COBY, Defendant-Appellant-Respondent, and Embee Parking, Inc., Defendant. |
| Court | New York Supreme Court — Appellate Division |
C. F. McGuire, New York City, for plaintiffs-respondents-appellants.
W. F. Larkin, New York City, for defendant-appellant-respondent.
Before STEVENS, P.J., and MARKEWICH, KUPFERMAN, BIRNS and CAPOZZOLI, JJ.
Judgment, Supreme Court, Bronx County, entered on March 17th, 1975, in favor of plaintiffs, after trial on the issue of liability only, before Kraf, J., and a jury, unanimously reversed on the law and on the facts and matter remanded for a new trial, with $60 costs and disbursements of this appeal to abide the event. The Trial Court erred in determining that the parking lot in question 'does fall within the provisions of section 1100 and (subdivision (a) of section 1210) of the Vehicle and Traffic Law'. (R--321). The parking lot involve cannot be construed as either a highway or a private road open to public motor vehicle traffic, as provided for in § 1100.
Accordingly, § 1210(a) is not applicable to the case at bar.
Order filed.
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