Perlman v. Falik (241 A.D. 667, 1934)

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event. The question of contributory negligence is one of fact and should have been submitted to the jury. ( Nelson v. Nygren, 259 N. Y. 71.) Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.