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Goldenberg v. City of New York

39 A.D.2d 571 Court N.Y. App. Div. Decision date 1972-04-17 English

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p. 571
Abraham Goldenberg, as Administrator of the Estate of Dora Goldenberg, Deceased, Appellant, v. City of New York et al., Respondents.

Judgment of the Supreme Court, Kings County, dated June 9, 1967, reversed on the law and new trial- ordered, with costs to abide the event. In our opinion, the plaintiff made out a prima facie case. Latham, Acting P. J., Shapiro, Gulotta and Brennan, JJ., concur; Benjamin, J. dissents and votes to affirm the judgment on the ground that contributory negligence was established as a matter of law.