
    Ivan Guzman, Appellant, v. William Vereb, Doing Business as Triangle Service Center, Respondent.
    Argued April 8, 1971;
    decided April 21, 1971.
    
      
      Benjamin H. Siff for appellant.
    
      William F. Larkin and John J. Wrenn for respondent.
   Order reversed and a new trial granted, with costs to abide the event. It cannot be said that plaintiff was guilty of contributory negligence as a matter of law (see Nelson v. Nygren, 259 N. Y. 71, 76). A new trial, however, is appropriate (Cohen and Karger, Powers of the New York Court of Appeals, § 176).

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  