PEZZO v. PATERNO


302 N.Y. 884 (1951)

Joseph M. Pezzo, Appellant, v. Frank Paterno et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1951


Attorney(s) appearing for the Case

Arthur A. Beaudry for appellant.

Michael Nardone for Frank Paterno, respondent.

Andrew Wright Lent for Nathan D. Williams, respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.


Judgment of the Appellate Division reversed and that of Trial Term affirmed, with costs to the plaintiff-appellant in this court and in the Appellate Division, upon the ground that his proof presented an issue of fact as to whether he had been guilty of contributory negligence and the submission of that issue to the jury was proper...

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