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GOLDENBERG v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Apr 17, 1972

Judgment of the Supreme Court, Kings County, dated June 9, 1967, reversed on the law and new trial ordered, with costs to abide the event. In our opinion, the plaintiff made out a prima facie case. Latham, Acting P.J., Shapiro, Gulotta and Brennan, JJ., concur; Benjamin, J. dissents and votes to affirm the judgment on the ground that contributory negligence was established as a matter of law.