PARKER v. WEISNER


65 A.D.2d 543 (1978)

Duncan Parker et al., Appellants, v. Sidney Weisner et al., as Executors of Irving Weisner, Deceased, Respondents

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

October 31, 1978


On the facts adduced at trial there was no evidence of contributory negligence and it was error to charge the jury on that subject. The infant plaintiff's presence in the garden area, near the fountain, the finial of which, it is contended, was caused to fall and strike the infant, "merely furnished the condition or occasion for the occurrence of the event rather than one of its causes" (Sheehan v City of New York, 40 N.Y.2d 496...

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