Brodish v. Diesel Construction Co.

In a negligence action to recover damages for personal injury, defendant Jacobson & Co., Inc., appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County, entered May 16, 1968, as is in favor of plaintiff against it, upon a jury verdict. Judgment reversed insofar as appealed from, on the law and the facts, with costs, and complaint dismissed. In our opinion, plaintiff was guilty of contributory negligence as a matter of law (cf. Nucci v. Warshaw Constr. Corp., 12 N Y 2d 16; Holgerson v. South 45th St. Garage, 16 A D 2d 255; Giardina v. Bricken Textile…