Pezzo v. Paterno

Full title: JOSEPH M. PEZZO, Appellant, v. FRANK PATERNO et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Jul 11, 1951

100 N.E.2d 176 (N.Y. 1951)

100 N.E.2d 176

Opinion

Argued May 22, 1951

Decided July 11, 1951

Appeal from the Supreme Court, Appellate Division, Third Department, SCHIRICK, J.

Arthur A. Beaudry for appellant.

Michael Nardone for Frank Paterno, respondent.

Andrew Wright Lent for Nathan D. Williams, respondent.

Judgment of the Appellate Division reversed and that of Trial Term affirmed, with costs to the plaintiff-appellant in this court and in the Appellate Division, upon the ground that his proof presented an issue of fact as to whether he had been guilty of contributory negligence and the submission of that issue to the jury was proper. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.