Rosenblatt v. G. A. & A. Taxi Inc. , 275 A.D.2d 916 ( 1949 )

Present — Dore, J. P., Cohn, Callahan, Yan Yoorhis and Shientag, JJ.; Dore and Shientag, JJ., dissent and vote to affirm the judgment appealed from on the ground that conflicting testimony raised issues of fact and the credibility of the witnesses was for the trial court, and on the further ground that on plaintiff’s own testimony the trial court properly could have found that plaintiff was guilty of negligence causing or contributing to cause the accident.