Opinion
December 8, 1966
Appeal from the Erie Trial Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.
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.)