Judgment dismissing the complaint at the close of plaintiff's case (confined to the "issue of liability") unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The issue of contributory negligence was a question of fact to be decided by the court after a full trial (Foley v. State of New York, 265 App. Div. 682; Crowley v. Fifth Ave. Coach Co., 249 App. Div. 408, affd. 276 N.Y. 496). The rule that at the completion of...
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