New York Court of Appeals July 2, 1968 (Orwat v. Smetansky)

lead-opinion

Memorandum.

These actions have been dismissed because of the contributory negligence of plaintiffs-appellants Michael and Thomas Orwat. Defendant-respondent Kawecki’s truck was standing partly on a highway at dusk and the two plaintiffs were injured when defendant Smetansky’s car collided with the truck. Kawecki’s negligence is not disputed.