Appellate Division of the Supreme Court of the State of New York March 2, 1981 (Forde v. New York City Transit Authority)

In a wrongful death action, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered February 26, 1980, which is in favor of defendant upon the trial court’s dismissal of the complaint at the close of the evidence, at a jury trial. Judgment affirmed, with costs. Plaintiff does not dispute the fact that the decedent was contributorily negligent.