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No opinion. Nolan, P. J., Beldock and Christ, JJ., concur; Ughetta and Kleinfeld, JJ., dissent and vote to reverse the judgment and to grant a new trial, on the ground that a question of fact was presented as to plaintiff’s contributory negligence, which should have been submitted to the jury (Dranofsky v. Collins, 271 App. Div. 932; Knapp v. Barrett, 216 N. Y. 226).
Document Info
Citation Numbers: 14 A.D.2d 552
Filed Date: 7/5/1961
Precedential Status: Precedential
Modified Date: 1/12/2022