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REDMOND v. CITY OF NEW YORK

55 N.Y.2d 796 (1981)

Patricia M. Redmond, an Infant, by Her Father and Natural Guardian, Lawrence G. Redmond, et al., Appellants, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. Consolidated Edison Company of New York, Inc., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1981.

Attorney(s) appearing for the Case

Louis L. Friedman for appellants.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick of counsel), for defendant and third-party plaintiff-respondent.

Ernest J. Williams and Sheila Solomon Rosenrauch for third-party defendant-respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order affirmed, with costs. The only issue reviewable in this court concerns the alleged error in the court's refusal to charge that the plaintiff could not be contributorily negligent because of her age. On this point, however, we agree with the Appellate Division that the question of plaintiff's contributory negligence was properly submitted to the jury as a question of fact (Camardo v New York State Rys., 247 N.Y. 111), and that this alleged...

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