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SCHECHTER v. KLANFER

28 N.Y.2d 228 (1971)

Robert Schechter, an Infant by Abraham J. Schechter, His Father, Appellant, v. Robert Klanfer et al., Respondents.

Court of Appeals of the State of New York.

Decided April 8, 1971.

Attorney(s) appearing for the Case

Irving Malchman for appellant.

William M. Kimball, Kenneth H. Volk and Michael Marks Cohen for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.

BREITEL, J.

In this negligence action for personal injuries, the issue is whether the jury should have been instructed to hold plaintiff, who had by amnesia lost his memory of the events causing his injury, to a lesser degree of proof than a plaintiff who could have testified to the events.

Upon the trial, a verdict in favor of defendants was returned. The trial...

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