Opinion
July 5, 1967
Judgment of the Supreme Court, Westchester County, entered June 20, 1966, after a trial solely on the issues of liability, reversed, on the law, insofar as it is in favor of defendant Anderson against plaintiff, including the setting aside of the verdict against Anderson and dismissal of the complaint as against Anderson, with costs to plaintiff against Anderson, and verdict against Anderson reinstated; and judgment affirmed insofar as it is in favor of defendants White Plains Taxi Co., Inc., and Steve Feher, with costs to said defendants. Action accordingly severed insofar as it is against defendant Anderson. In our opinion, it was error to set aside the verdict in favor of plaintiff against defendant Anderson as against the weight of evidence with respect to contributory negligence and assumption of risk on the part of plaintiff. Christ, Acting P.J., Brennan, Rabin, Hopkins and Munder, JJ., concur.