Citation Numbers： 33 A.D.2d 654, 305 N.Y.S.2d 991, 1969 N.Y. App. Div. LEXIS 2958
Filed Date： 10/30/1969
Status： Precedential
Modified Date： 11/1/2024
Judgment insofar as appealed from unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum : The finding implicit in the verdict that the plaintiff was guilty of contributory negligence is against the weight of the evidence. (Appeal from certain parts of judgment of Monroe Trial Term in negligence action.) Present— Del Vecchio, J. P., Marsh, Moule, Bastow and Henry, JJ.