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Czachorowski v. Weintraub

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1969
32 A.D.2d 537 (N.Y. App. Div. 1969)

Opinion

April 14, 1969


In a negligence action to recover damages for personal and property injuries, etc., plaintiff Judith Czachorowski (changed to Griffiths) appeals from a judgment of the Supreme Court, Suffolk County, entered July 16, 1968, which dismissed the complaint upon the decision of the court at the close of plaintiff's case upon a jury trial. Judgment reversed, on the law, and new trial granted as to appellant, with costs to abide the event. No questions of fact were considered. In our opinion, whether appellant was contributorily negligent raised an issue for the jury's determination and, therefore, her complaint should not have been dismissed at the close of her case. Christ, Acting P.J., Brennan, Hopkins, Benjamin and Martuscello, JJ., concur.


Summaries of

Czachorowski v. Weintraub

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1969
32 A.D.2d 537 (N.Y. App. Div. 1969)
Case details for

Czachorowski v. Weintraub

Case Details

Full title:JUDITH CZACHOROWSKI, an Infant, by Her Guardian ad Litem, CHESTER…

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

Date published: Apr 14, 1969

Citations

32 A.D.2d 537 (N.Y. App. Div. 1969)
300 N.Y.S.2d 303