REDMOND v. CITY OF NEW YORK, 55 N.Y.2d 796 (1981)

447 N.Y.S.2d 434, 432 N.E.2d 136

PATRICIA M. REDMOND, an Infant, by Her Father and Natural Guardian, LAWRENCE G. REDMOND, et al., Appellants, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.
Decided December 22, 1981

Page 797

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, RICHARD A. GOLDBERG, J.

Louis L. Friedman for appellants.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick of counsel), for defendant and third-party plaintiff-respondent.

Page 798

Ernest J. Williams and Sheila Solomon Rosenrauch for third-party defendant-respondent.

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 N.Y. 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.