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RUFF v. SNYDER

48 N.Y.2d 756 (1979)

Lawrence Ruff, an Infant, by Frederick H. Ruff, Jr., His Father and Natural Guardian, et al., Respondents, v. Louise Snyder et al., Appellants.

Court of Appeals of the State of New York.

Decided November 13, 1979.

Attorney(s) appearing for the Case

Roger J. Cusick for appellants.

James M. Woolsey, Jr., for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, for the reasons stated in the dissenting memorandum by Mr. Justice PAUL T. KANE.

We would note that at the time of this trial, proof of freedom from contributory negligence was a necessary element of the infant plaintiff's case. Even if there were adequate evidence of the plaintiff's amnesia, permitting a lower degree of proof of this...

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