SWANSTON v. BLATTBERG


61 A.D.2d 864 (1978)

Robert Swanston, Appellant, v. Gary P. Blattberg et al., Respondents

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

February 16, 1978


It is undisputed that on April 24, 1973 at about 2:15 A.M. the plaintiff, a pedestrian, was struck by a car being driven on a public highway by the defendant, Gary P. Blattberg, and owned by the defendant Edith M. Blattberg. The substantial issue for the jury was the credibility of the defendant driver and his passenger as opposed to the credibility of the plaintiff on the question of contributory negligence. In particular the question was whether the plaintiff was walking...

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