Joseph v. Horn & Hardart Co.

259 A.D. 1010 Court N.Y. App. Div. Decision date 1940-06-19 English

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p. 1010

Adelaide Joseph, Respondent, v. The Horn & Hardart Company, Appellant.

Judgment reversed, with costs, and complaint dismissed, with costs, on the ground that no actionable negligence on the part of the defendant has been

p. 1011

established. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley and Cohn, JJ., dissent and vote to affirm.