Leibowitz v. Elbny Corporation

Full title: JOE LEIBOWITZ, Appellant, v. ELBNY CORPORATION, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 18, 1950

276 App. Div. 1068 (N.Y. App. Div. 1950)

Opinion

April 18, 1950.

Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.;

Judgment affirmed, with costs. No opinion.

Cohn and Callahan, JJ., dissent and vote to reverse and order a new trial on the ground there are questions of fact for the jury with respect to defendant's negligence and plaintiff's contributory negligence.