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Wojdag v. Brooklyn & Queens Transit Corp.

288 N.Y. 634 Court N.Y. Decision date 1942-05-28 English

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p. 634
Victor Wojdag, as Administrator of the Estate of Tillie Wojdag, Deceased, Appellant, v. Brooklyn & Queens Transit Corporation, Respondent.
Argued April 16, 1942;
decided May 28, 1942.
Abraham N. Levy for appellant.
William C. Chanler, Corporation Counsel (Stanley Buchsbaum and James Hall Prothero of counsel), for respondent.

Judgments reversed and a new trial granted on the ground that upon this record there were questions of fact in regard to negli

p. 635
gence and contributory negligence for determination by the jury. No opinion.

Concur: Lotjghran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J.