TANNENBAUM v. MANDELL


51 A.D.2d 593 (1976)

Jack B. Tannenbaum et al., Appellants, v. Irving Mandell et al., Respondents

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

January 26, 1976


Judgment affirmed, with costs.

Notwithstanding plaintiffs' failure to object to the trial court's charge to the jury (see CPLR 4110-b) on contributory negligence, whether the plaintiff husband's actions in crossing the street constituted contributory negligence was an issue for the jury to determine. He testified that he walked some 15 feet from the sidewalk corner to the middle of the street, that he was in an unmarked crosswalk when contact occurred, that he looked...

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