Appellate Division of the Supreme Court of the State of New York May 30, 1975, Appeal No. 1; Appeal No. 2; Appeal No. 3 (Hawkins v. Unterborn)

Carbamone, J.

The question raised on this appeal is whether it was proper for the trial court to dismiss the complaint of the estate in a wrongful death action at the close of its case on the grounds that decedent was contributorily negligent as a matter of law. We conclude that on the facts in this record it was not.