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  5. 33 N.Y.2d 942 (1974)
 

VEGA v. CITY OF NEW YORK

33 N.Y.2d 942 (1974)

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

Court of Appeals of the State of New York.

Decided February 13, 1974.

Attorney(s) appearing for the Case

Benjamin H. Siff, Jerome Edelman and Thomas R. Newman for appellant.

Richard J. Burke and John E. Morris for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS. Taking no part: Judge RABIN.

Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: The concededly erroneous instructions as to the burden of proof with respect to contributory negligence in the action for conscious pain and suffering was likely to create confusion in the minds of the jurors. Indeed, the Trial Judge himself, recognizing his error, sought to rectify the consequences of it by setting aside the verdict and ordering a new trial. It cannot be said...

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