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ORWAT v. SMETANSKY

22 N.Y.2d 869 (1968)

Michael Orwat et al., Appellants, v. Stephen Smetansky, Defendant, and Edward Kawecki, Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Norman B. Lewis for appellants.

Richard E. Moot for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and JASEN concur in memorandum; Judge BREITEL dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.

MEMORANDUM.

These actions have been dismissed because of the contributory negligence of plaintiffs-appellants Michael and Thomas Orwat. Defendant-respondent Kawecki's truck was standing partly on a highway at dusk and the two plaintiffs were injured when defendant Smetansky's car collided with the truck. Kawecki's negligence is not disputed. When he was injured, Michael Orwat was standing on the shoulder of the road four...

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