LARGO v. FUNDARO


51 A.D.2d 769 (1976)

Patty F. Largo, as Administrator of The Estate of Thomas Largo, Deceased, Respondent, v. Frank Fundaro et al., Appellants

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

February 17, 1976


Judgment affirmed, with one bill of costs jointly against appellants appearing separately and filing separate briefs.

Under the proof in this record, there was a sufficient basis for holding both defendants negligent. The claim that the question of the contributory negligence of the decedent should have been submitted to the jury is without substance. At the trial, no proof was adduced as to contributory negligence; defendants raised no issue thereon, made no request...

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