Judgment reversed insofar as appealed from, on the law, and new trial granted as between plaintiff and the City of New York, with costs to abide the event.
No questions of fact were considered. We are of the opinion that the evidence adduced at the trial was sufficient to raise a triable issue of fact as to plaintiff's contributory negligence and that it was error to direct a verdict in respondent's favor. Whalen v. Citizens' Gas Light Co. (151 N.Y. 70) is...
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