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Cohen v. Commercial Advertiser Ass'n

113 N.Y.S. 1129 Court N.Y. App. Term Decision date 1908-12-09 English

Decision Majority — PER OURIABI. · Dissent — BíacLEAN, J.

Contents
p. 1129
COHEN v. COMMERCIAL ADVERTISER ASS’N.
(Supreme Court, Appellate Term.
December 9, 1908.)

Headnote

Appeal from Municipal Court, Borough of Blanhattan, Sixth District. Action by Harris Cohen against the Commercial Advertiser Association. From a judgment for plaintiff, defendant appeals. Affirmed. Frank V. Johnson, for appellant. Morrison & Sehiff, for respondent.

Judgment affirmed, with costs.

(dissenting). Nothing in the record evinces any care on the part of the plaintiff. The implied finding of the plaintiff’s freedom from contributor)' negligence rests, so far as perceivable, upon nothing.