ALESSI v. KEW GARDENS LUNCHEONETTE, INC.


5 A.D.2d 673 (1957)

Carmello Alessi, Respondent, v. Kew Gardens Luncheonette, Inc., Appellant

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

December 2, 1957


Judgment reversed and a new trial granted, with costs to abide the event.

There was no proof that any person other than respondent was in jeopardy. In our opinion, error was committed (1) in the court's instructions to the jury with respect to negligence in causing the fire and respondent's status as a rescuer, and (2) in submitting such issues to the jury for determination. All that was required to be determined was whether respondent was entitled to recover damages...

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