Opinion
Argued November 12, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
John J. Moore and Roger T. McTiernan for appellant.
Sanford S. Kantor for respondent.
MEMORANDUM. In the case of these as with most jury instructions, additional reflection might suggest reorganization, slightly different emphases, and more precise phrasing. We find here, however, neither errors of substance nor significant confusion between those portions of the instructions relating to contributory negligence and those relating to proximate causation.
Accordingly, the order of the Appellate Division should be affirmed.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur; Judge STEVENS taking no part.
Order affirmed, with costs, in memorandum.