Opinion
Submitted January 13, 1965
Decided February 11, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEWIS W. OLLIFFE, J.
Herbert Minster, Bernard Helfenstein and Irwin M. Strum for appellants.
Theodore D. Rothenberg for respondent.
Order reversed, with costs in all courts, and complaint dismissed upon the ground that plaintiff's failure to shut off the power on the air conditioning machine before attempting to replace the compressor belt was so careless as to amount to contributory negligence as a matter of law ( Utica Mut. Ins. Co. v. Amsterdam Color Works, 284 App. Div. 376, affd. 308 N.Y. 816).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.