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Martin v. United Cigar-Whelan Stores Corp.

285 A.D. 945 Court N.Y. App. Div. Decision date 1955-03-29 English

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p. 945
Hugh E. Martin, Respondent, v. United Cigar-Whelan Stores Corp., Appellant.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the credibility of the plaintiff’s witnesses as well as the issue of contributory negligence were questions for the jury. Present — Cohn, J. P., Callahan, Breitel, Bastow and Botein, JJ.