ORWAT v. SMETANSKY


27 A.D.2d 640 (1966)

Michael Orwat et al., Appellants-Respondents, v. Stephen Smetansky, Respondent, and Edward Kawecki, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 8, 1966


Judgment insofar as it granted an award in favor of plaintiffs against the defendant Edward Kawecki and order unanimously reversed on the law and facts and complaint dismissed, and otherwise judgment affirmed, without costs of these appeals to any party.

Memorandum:

The evidence is clear that each of the plaintiffs was aware of and understood the dangers inherent in unloading a truck parked in a public highway at 7:30 P.M. Although the defendant Edward Kawecki...

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