RIVERA v. PURKAN ASSOCS., INC.


38 A.D.2d 965 (1972)

Pedro Rivera, Appellant, v. Purkan Associates, Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent; Brooklyn Hospital, Third-Party Defendant-Respondent et al., Third-Party Defendant

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

March 20, 1972


Judgment reversed insofar as appealed from, on the law, and new trial granted upon plaintiff's complaint and the third-party complaint as against the Brooklyn Hospital, with costs to abide the event, but without costs to the Brooklyn Hospital.

The appeals did not present any questions of fact. In our opinion there was sufficient evidence upon which the jury could have rationally found for plaintiff. The statement of the trial court that plaintiff was guilty of contributory...

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