Berman v. R. S. & Z. Realty Corp.
This text of 227 A.D. 730 (Berman v. R. S. & Z. Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment and order unanimously affirmed, with costs. The question of plaintiff’s contributory negligence was one of fact for the jury. This rule is especially applicable in a case which involves the breach of a statutory duty on the part of defendant. (Kenney v. Rhinelander, 28 App. Div. 246; affd., 163 N. Y. 576; Bornstein v. Faden, 149 App. Div. 37; affd., 208 N. Y. 605; Heinberg v. Sikora Realty Corporation, 110 Misc. 323; Fitzwater v. Warren, 206 N. Y. 355; Kiely v. Yurgelevick, 226 App. Div. 753.) Present — Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ.
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227 A.D. 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berman-v-r-s-z-realty-corp-nyappdiv-1929.