Vega v. City of New York

• Decision Date: 13 February 1974
• Citation: Vega v. City of New York, 353 N.Y.S.2d 729, 33 N.Y.2d 942 (N.Y. 1974)
• Parties: , 309 N.E.2d 130 Valentin VEGA et al., Appellant, v. The CITY OF NEW YORK et al., Defendants, Wyckoff Heights Hospital of Brooklyn, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 729

353 N.Y.S.2d 729

33 N.Y.2d 942, 309 N.E.2d 130

Valentin VEGA et al., Appellant, v.The CITY OF NEW YORK et al., Defendants, Wyckoff Heights Hospital of Brooklyn, Respondent.

Court of Appeals of New York.

Feb. 13, 1974.

Order, 40 A.D.2d 988, 338 N.Y.S.2d 213, reversed and a new trial granted, with costs to abide the event, in the following memorandum: The concededly erroneous instructions as to the burden of proof with respect to contributory negligence in the action for conscious pain and suffering was likely to create confusion in the minds of the jurors.Indeed, the trial judge himself, recognizing his error, sought to rectify...