Citation Numbers: 32 A.D.2d 920
Filed Date: 7/15/1969
Status: Precedential
Modified Date: 1/12/2022
Judgement entered December 8, 1965, in consolidated action, setting aside jury verdict in favor of Jesse Spier as -against defendants Daniel Brinn and Michael Brinn (Action No. 2), unanimously reversed on the law and on the facts, and the verdict is reinstated; likewise in Action No. 5 the judgment is unanimously reversed on the law and on the facts and the verdict reinstated; and the judgment in favor of Jesse Spier in action brought against him by plaintiffs Michael Brinn and Daniel Brinn (Action No. 4), affirmed, with one bill of $50 costs and disbursements in favor of Spier. The trial court was in error in finding Spier guilty of contributory negligence as a matter of law. On the record before us, this was properly a question of fact for the jury to determine. The testimony that the view of the intersection was limited by the curvature of East 135th Street, that an adjacent building