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Wein v. Nachinson

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1975
50 A.D.2d 602 (N.Y. App. Div. 1975)

Opinion

November 17, 1975


In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Kings County, entered November 15, 1974, in favor of defendants, upon a directed verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No fact questions have been considered. The evidence raised an issue of fact for the jury as to defendants' negligence and plaintiff Morris Wein's freedom from contributory negligence. Accordingly, the jury should have been permitted to pass upon these fact questions (cf. Arnold v Schmeiser, 34 A.D.2d 568). Gulotta, P.J., Rabin, Hopkins, Latham and Margett, JJ., concur.


Summaries of

Wein v. Nachinson

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1975
50 A.D.2d 602 (N.Y. App. Div. 1975)
Case details for

Wein v. Nachinson

Case Details

Full title:MORRIS WEIN et al., Appellants, v. ELIZABETH NACHINSON et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 1975

Citations

50 A.D.2d 602 (N.Y. App. Div. 1975)