GUERRA v. GINEVRA


27 A.D.2d 697 (1967)

Vincent Guerra, Appellant, v. Mary Ginevra et al., Respondents

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

January 12, 1967


Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

In granting a nonsuit at the close of the plaintiff's case the trial court determined as a matter of law that plaintiff was guilty of contributory negligence holding that the evidence presented by him established knowledge on his part of the specific defect claimed to have caused his injury. Plaintiff rented from defendant a one-story...

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