New York Court of Appeals
Denis Healy v. Jonas Rennert
March 2, 19619 N.Y.2d 202
Summary
The New York Court of Appeals reversed the judgment and granted a new trial, holding that the trial court erred by admitting evidence of the plaintiff's disability pension and health‑insurance membership, by excluding the Battalion Chief's prior testimony, and by giving a confusing jury instruction regarding the plaintiff's pension motive. The court also held that the issue of contributory negligence was a question of fact, not a matter of law, and that the plaintiff was entitled to a jury instruction that a violation of the traffic ordinance could be evidence of negligence.