KALISH v. KRIEGER


35 N.Y.2d 864 (1974)

Marc Kalish, Respondent, v. Max Krieger, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1974.


Attorney(s) appearing for the Case

John J. Moore and Roger T. McTiernan for appellant.

Sanford S. Kantor for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.


MEMORANDUM.

In the case of these as with most jury instructions, additional reflection might suggest reorganization, slightly different emphases, and more precise phrasing. We find here, however, neither errors of substance nor significant confusion between those portions of the instructions relating to contributory negligence and those relating to proximate causation.

Accordingly, the order of the Appellate Division...

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