Redmond v. City of New York

New York Court of Appeals

Redmond v. City of New York

432 N.E.2d 136, 55 N.Y.2d 796, 447 N.Y.S.2d 434, 1981 N.Y. LEXIS 3313

CourtNew York Court of Appeals

DecidedDecember 22, 1981

StatusPublished

Cited by1 cases

This text of 432 N.E.2d 136 (Redmond v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Redmond v. City of New York, 432 N.E.2d 136, 55 N.Y.2d 796, 447 N.Y.S.2d 434, 1981 N.Y. LEXIS 3313 (N.Y. 1981).

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Opinion

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. The only issue reviewable in this court concerns the alleged error in the court’s refusal to charge that the plaintiff could not be contributorily negligent because of her age. On this point, however, we agree with the Appellate Division that the question of plaintiff’s contributory negligence was properly submitted to the jury as a question of fact (Camardo v New York State Rys., 247 NY 111), and that this alleged error in the charge therefore provided no basis for setting aside the verdict.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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OPINION OF THE COURT

On summary consideration, order affirmed, with costs. The only issue reviewable in this court concerns the alleged error in the court’s refusal to charge that the plaintiff could not be contributorily negligent because of her age. On this point, however, we agree with the Appellate Division that the question of plaintiff’s contributory negligence was properly submitted to the jury as a question of fact (Camardo v New York State Rys., 247 NY 111), and that this alleged error in the charge therefore provided no basis for setting aside the verdict.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)

432 N.E.2d 136, 55 N.Y.2d 796, 447 N.Y.S.2d 434, 1981 N.Y. LEXIS 3313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redmond-v-city-of-new-york-ny-1981.

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