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NOLECHEK v. GESUALE

46 N.Y.2d 332 (1978)

Walter L. Nolechek, Individually and as Administrator of The Estate of Scott W. Nolechek, Deceased, Respondent, v. Thomas Gesuale et al., Appellants, et al., Defendants. Walter L. Nolechek, Third-Party Plaintiff-Appellant-Respondent, v. Paul Neiman et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Joseph D. Ahearn, for appellants.

Charles F. Brady and Benjamin Purvin for appellant-respondent.

E. Richard Rimmels, Jr., for third-party defendants-respondents.

Judges JASEN, JONES and WACHTLER concur with Chief Judge BREITEL; Judges GABRIELLI and FUCHSBERG concur in result in separate concurring opinions; Judge COOKE dissents and votes to affirm in another opinion.

Chief Judge BREITEL.

Plaintiff Walter L. Nolechek, individually and as administrator of the estate of his son Scott, brought this action against defendants Gesuale, Star Sand and Gravel Co., Inc., and others for wrongful death resulting from the son's motorcycle accident. A counterclaim by defendants Gesuale and Star alleges negligence by the plaintiff father in providing his

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