Goldenberg v. City of New York , 332 N.Y.S.2d 390 ( 1972 )

Judgment of the Supreme Court, Kings County, dated June 9, 1967, reversed on the law and new trial- ordered, with costs to abide the event. In our opinion, the plaintiff made out a prima facie case. Latham, Acting P. J., Shapiro, Gulotta and Brennan, JJ., concur; Benjamin, J. dissents and votes to affirm the judgment on the ground that contributory negligence was established as a matter of law.