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PALMIERI v. WILLIAMS

42 A.D.2d 963 (1973)

Louis J. Palmieri, Appellant, v. C. H. Williams, Respondent

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

October 1, 1973

Judgment affirmed and order affirmed insofar as appealed from, with one bill of costs to respondent.

No opinion.

Martuscello and Brennan, JJ., dissent and vote for reversal and to grant a new trial, with the following memorandum:

In our opinion, it was error for the Trial Justice to dismiss the complaint on the ground that plaintiff was guilty of contributory negligence as a matter of law. That issue, under...

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