Appellate Division of the Supreme Court of New York, 1948

Brest v. Broslan Jewelry Co.

Brest v. Broslan Jewelry Co.
Appellate Division of the Supreme Court of New York · Decided October 18, 1948
274 A.D. 880; 83 N.Y.S.2d 245; 1948 N.Y. App. Div. LEXIS 3847
Brest v. Broslan Jewelry Co.

Opinion of the Court

It was error to direct a nonsuit upon the ground that the evidence established that plaintiff was guilty of contributory negligence as a matter of law. (See Hente v. Shercoop Corp., 289 N. Y. 140; Heimer v. Stento, 270 App. Div. 665; Richards v. Rohert Corp., 271 App. Div. 924, affd. 297 N. Y. 605; Barnett v. 41-43 East 28th St. Corp., 271 App. Div. 749.) Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Peck, P. J., Dore, Cohn, Callahan and Shientag, JJ.

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