Opinion
July 5, 1961
In a negligence action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County, entered November 10, 1960, dismissing his complaint at the close of his case during a jury trial. Judgment affirmed, with costs. No opinion. Nolan, P.J., Beldock and Christ, JJ., concur; Ughetta and Kleinfeld, JJ., dissent and vote to reverse the judgment and to grant a new trial, on the ground that a question of fact was presented as to plaintiff's contributory negligence, which should have been submitted to the jury ( Dranofsky v. Collins, 271 App. Div. 932; Knapp v. Barrett, 216 N.Y. 226).