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PURCELL v. DOHERTY

55 N.Y.2d 985 (1982)

Owen Purcell, Respondent, v. John F. Doherty et al., Appellants, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided February 18, 1982.

Attorney(s) appearing for the Case

Douglas A. Boeckmann for John F. Doherty and another, appellants.

Louis G. Adolfsen, L. Kevin Sheridan and J. Robert Morris for Patricia Delgado Bokhari and another, appellants.

Alfred S. Julien and William D. Fireman for respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER and FUCHSBERG concur in memorandum; Judge JONES dissents and votes to reverse and grant a new trial in an opinion in which Judges JASEN and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this pre-1975 negligence action in which any negligence on the part of the plaintiff would have constituted a total bar to any recovery, appellants' main contention is that the trial court erred in refusing to instruct the jury in that part of its charge and recharge regarding the effect of contributory negligence. The appellants requested...

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