Joseph v. Horn & Hardart Co. — 285 N.Y. 545

Majority

p. 545

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

Submitted January 10, 1941;

decided January 24, 1941.

p. 546

Daniel J. Riesner and Julian Jawitz for appellant.

H. II. Brown and E. C. Sherwood for respondent.

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that a question of fact as to defendant’s negligence was presented. No opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Dissenting: Lehman, Ch. J.