Opinion
April 19, 1971
In a negligence action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County, dated October 14, 1970, which (1) set aside the jury's verdict in his favor on the issue of liability and (2) ordered a new trial. Order reversed, with costs, and jury verdict reinstated. In our opinion, on the proof adduced, it may not be said that, on a fair interpretation of the evidence, the jury could not have found the plaintiff to have been contributorily negligent. Rabin, P.J., Munder, Latham, Christ and Brennan, JJ., concur.