Orwat v. Smetansky

Appellate Division of the Supreme Court of New York

Orwat v. Smetansky

27 A.D.2d 640, 275 N.Y.S.2d 493, 1966 N.Y. App. Div. LEXIS 2914

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1966

StatusPublished

This text of 27 A.D.2d 640 (Orwat v. Smetansky) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Orwat v. Smetansky, 27 A.D.2d 640, 275 N.Y.S.2d 493, 1966 N.Y. App. Div. LEXIS 2914 (N.Y. Ct. App. 1966).

Pincite

Opinion

Judgment insofar as it granted an award in favor of plaintiffs against the defendant Edward Kawecki and order unanimously reversed on the law and facts and complaint dismissed, and otherwise judgment affirmed, without costs, of these appeals to any party. Memorandum: The evidence is clear that each of the plaintiffs was aware of and understood the dangers inherent in unloading a truck parked in a public highway at 7:30 p.m. Although the defendant Edward Kawecki may have been negligent in parking the truck in the highway the contributory negligence of the plaintiffs precludes recovery by them. (Mignery v. Gabriel, 2 A D 2d 218, affd. 3 N Y 2d 1001.) (Appeal from part of judgment of Erie Trial Term dismissing complaint as to defendant Smetansky; appeal by defendant Kawecki from same judgment in favor of plaintiffs in an automobile negligence action; appeal from order denying motion for a new trial.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Judgment insofar as it granted an award in favor of plaintiffs against the defendant Edward Kawecki and order unanimously reversed on the law and facts and complaint dismissed, and otherwise judgment affirmed, without costs, of these appeals to any party. Memorandum: The evidence is clear that each of the plaintiffs was aware of and understood the dangers inherent in unloading a truck parked in a public highway at 7:30 p.m. Although the defendant Edward Kawecki may have been negligent in parking the truck in the highway the contributory negligence of the plaintiffs precludes recovery by them. (Mignery v. Gabriel, 2 A D 2d 218, affd. 3 N Y 2d 1001.) (Appeal from part of judgment of Erie Trial Term dismissing complaint as to defendant Smetansky; appeal by defendant Kawecki from same judgment in favor of plaintiffs in an automobile negligence action; appeal from order denying motion for a new trial.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.

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Bluebook (online)

27 A.D.2d 640, 275 N.Y.S.2d 493, 1966 N.Y. App. Div. LEXIS 2914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orwat-v-smetansky-nyappdiv-1966.