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LOSHIN v. BELTWAY REALTY CORP.

278 A.D. 946 (1951)

Rose Loshin et al., Appellants, v. Beltway Realty Corp., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 4, 1951.

Judgment, insofar as appealed from, dismissing the complaint at the close of the plaintiffs' case on the theory that plaintiff wife was guilty of negligence as a matter of law, reversed on the law and a new trial granted, with costs to abide the event.

Whether or not plaintiff wife was contributorily negligent was a question of fact and not one of law. Plaintiff wife's proof established prima facie that respondent was negligent...

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