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Malone v. Luneburg

14 A.D.2d 552 Court N.Y. App. Div. Decision date 1961-07-05 English

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p. 552
Theodore R. Malone, Appellant, v. Frederick H. Luneburg et al., Respondents.

No opinion. Nolan, P. J., Beldock and Christ, JJ., concur; Ughetta and Kleinfeld, JJ., dissent and vote to reverse the judgment and to grant a new trial, on the ground that a question of fact was presented as to plaintiff’s contributory negligence, which should have been submitted to the jury (Dranofsky v. Collins, 271 App. Div. 932 ; Knapp v. Barrett, 216 N. Y. 226 ).

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