McPartland v. Bitzen

Judgment, Supreme Court, Bronx County entered on March 20, 1973, in defendant’s favor, after dismissal by the court of the complaint, unanimously reversed, on the law, the complaint reinstated and a new trial directed, with $60 costs and disbursements to abide the event. In this action for damages for personal injuries, tried before a jury on the issue of liability only, the court dismissed the complaint at the end of the plaintiffs’ ease, finding plaintiff guilty of contributory negligence and defendant free from negligence. The complaint having been dismissed, plaintiff is entitled to the…