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WARTELS v. COUNTY ASPHALT

29 N.Y.2d 372 (1972)

David E. Wartels, Appellant, v. County Asphalt, Inc. et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 12, 1972.

Attorney(s) appearing for the Case

Herman J. McCarthy and Richard E. Coven for appellant.

John Nielsen for County Asphalt, Inc., respondent.

Frank B. Gass and Robert E. Dowd for remaining respondents.

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

GIBSON, J.

The Trial Judge set aside the plaintiff's verdict in this negligence action and dismissed the complaint, on the ground that freedom from contributory negligence had not been demonstrated, even upon application of the rule of Noseworthy v. City of New York (298 N.Y. 76), as extended to amnesia cases by our decision in Schechter v. Klanfer (28 N.Y.2d 228

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