MEMORANDUM.
The order of the Appellate Division should be reversed, with costs, and a new trial granted, for reasons stated by the dissenters, to the extent that they concluded that the trial court erred in refusing to instruct the jury as to any alleged comparative negligence on plaintiff's part. The police officer's testimony regarding plaintiff's alleged failure to follow safety instructions created a question of fact as to plaintiff's comparative fault, which should have been submitted to the jury for its consideration.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.
Order reversed, etc.