The opinion
Mahoney, P. J. (concurring in part and dissenting in part).
While I agree with the majority that the verdict in terms of damages was not excessive, and, further, concur that defendant City of Ithaca had a duty to erect and maintain such traffic control signs as were necessary to protect the driving public (Vehicle and Traffic Law, § 1640, subd [a], par 1; see, also, Uniform Traffic Manual, 17 NYCRR 207.4 [a]), I cannot agree that the city’s failure to erect or post a stop sign at Edgecliff Place proximately contributed to the accident. It is clear from the evidence that defendant cab driver did stop at the intersection. Further, he pleaded guilty to a violation of section 1140 of the Vehicle and *668 Traffic Law. In my view, it was improper for the trial court to have submitted the issue of defendant city’s negligence to the jury. Accordingly, I would modify the verdict by setting aside so much thereof as imposed liability against defendant city.