Appellate Terms of the Supreme Court of New York, 1936

Riehl v. West Farms-Tremont Corp.

Riehl v. West Farms-Tremont Corp.
Appellate Terms of the Supreme Court of New York · Decided December 4, 1936 · Cubiam
162 Misc. 247; 293 N.Y.S. 360; 1936 N.Y. Misc. LEXIS 1639

Counsel

Chauncey L. Grant [Walter L. Glenney of counsel], for the appellant., Joseph R. Damico [Abraham L. Lazarus of counsel], for the respondents.

Riehl v. West Farms-Tremont Corp.

Opinion of the Court

Peb Cubiam.

There was proof of the violation of an ordinance with respect to lighting, and under the circumstances defendant’s negligence and plaintiff’s contributory negligence were questions of fact. It was error, therefore, for the court to dismiss the complaint, and the order setting aside the dismissal was proper.

Order affirmed, with costs to respondents to abide the event.

Present — Lydon, Levy and Callahan, JJ.

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