Perlman v. Falik

Full title: MORRIS PERLMAN, Appellant, v. ABE FALIK, Respondent

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

Date published: Feb 1, 1934

241 App. Div. 667 (N.Y. App. Div. 1934)

Opinion

February, 1934.

Present — Finch, P.J., Martin, O'Malley, Townley and Glennon, JJ.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event. The question of contributory negligence is one of fact and should have been submitted to the jury. ( Nelson v. Nygren, 259 N.Y. 71.)