Opinion
February 16, 1960
Judgment unanimously affirmed, with costs to respondent. The allegedly improper exclusion of expert testimony need not be considered since the proof establishes that plaintiff was contributorily negligent as a matter of fact.
Concur — Botein, P.J., Breitel, M.M. Frank, Valente and McNally, JJ. [ 15 Misc.2d 535.]