Malone v. Luneburg
218 N.Y.S.2d 1007
| N.Y. App. Div. | 1961

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).