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Redmond v. City of New York

55 N.Y.2d 796 Court N.Y. Decision date 1981-12-22 English

Contents

Majority

p. 796
Patricia M. Redmond, an Infant, by Her Father and Natural Guardian, Lawrence G. Redmond, et al., Appellants, v City of New York, Defendant and Third-Party Plaintiff-Respondent. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Respondent.
Decided December 22, 1981
p. 797
APPEARANCES OF COUNSEL
Louis L. Friedman for appellants.
Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick of counsel), for defendant and third-party plaintiff-respondent.
p. 798
Ernest J. Williams and Sheila Solomon Rosenrauch for third-party defendant-respondent.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. The only issue reviewable in this court concerns the alleged error in the court’s refusal to charge that the plaintiff could not be contributorily negligent because of her age. On this point, however, we agree with the Appellate Division that the question of plaintiff’s contributory negligence was properly submitted to the jury as a question of fact (Camardo v New York State Rys., 247 NY 111 ), and that this alleged error in the charge therefore provided no basis for setting aside the verdict.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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