Judgment entered March 4, 1969 for plaintiff-respondent against defendants-appellants reversed, on the law, and in the interests of justice, and the case remanded for a new trial, with costs to abide the event.
The court's charge, though based on New York Pattern Jury Instructions, was erroneous in its instruction to the jury that, to bar plaintiff's recovery, contributory negligence must be a "substantial factor" in producing the injury. (Maggio v. Mid-Hudson...
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