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Guzman v. Vereb

28 N.Y.2d 846 Court N.Y. Decision date 1971-04-21 English

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p. 846
Ivan Guzman, Appellant, v. William Vereb, Doing Business as Triangle Service Center, Respondent.
Argued April 8, 1971;
decided April 21, 1971.
p. 847
Benjamin H. Siff for appellant.
William F. Larkin and John J. Wrenn for respondent.

Order reversed and a new trial granted, with costs to abide the event. It cannot be said that plaintiff was guilty of contributory negligence as a matter of law (see Nelson v. Nygren, 259 N. Y. 71 , 76). A new trial, however, is appropriate (Cohen and Karger, Powers of the New York Court of Appeals, § 176).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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