Levy v. Brandon, Tamargo & Co. , 1 A.D.2d 879 ( 1956 )

On the undisputed facts, plaintiff assumed the risk and was guilty of contributory negligence as a matter of law. There was no issue to be submitted to the jury and the complaint should have been dismissed at the close of the entire case. Judgment unanimously affirmed. Concur — Peck, P. J., Botein, Rabin, Cox and Frank, JJ. [See post, p. 992.]