GOLD v. SURFACE TRANSIT, INC.


23 A.D.2d 576 (1965)

Harry Gold, Appellant, v. Surface Transit, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 15, 1965


Judgment affirmed, without costs.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and to grant a new trial on the ground:

(1) that, under all the circumstances, issues of fact were presented as to the defendants' negligence and as to the plaintiff's contributory negligence; and (2) that such issues should have been submitted to the jury for its...

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