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VEGA v. CITY OF NEW YORK

40 A.D.2d 988 (1972)

Valentin Vega, as Administrator of The Estate of Antonio Vega, Deceased, Respondent, v. City of New York et al., Defendants, and Wyckoff Heights Hospital of Brooklyn, Appellant

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

December 4, 1972

Order reversed, without costs, and jury verdict for appellant reinstated.

The trial court initially charged the jury that the burden of proving contributory negligence of plaintiff's intestate was on defendants on both the wrongful death cause and the pain and suffering cause. The attorney for appellant excepted to the charge and requested the court to instruct the jury that in the cause of action based on pain and suffering the burden was on plaintiff to prove freedom...

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