Majority
p. 552Theodore 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 ).
Cases cited
- Knapp v. Barrett 216 N. Y. 226 p. 552