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WEIN v. NACHINSON

50 A.D.2d 602 (1975)

Morris Wein et al., Appellants, v. Elizabeth Nachinson et al., Respondents

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

November 17, 1975

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No fact questions have been considered. The evidence raised an issue of fact for the jury as to defendants' negligence and plaintiff Morris Wein's freedom from contributory negligence. Accordingly, the jury should have been permitted to pass upon these fact questions (cf. Arnold v Schmeiser, 34 A.D.2d 568

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