Lowenhar v. Commercial Outfitting Co., Inc., Fine

34 N.E.2d 376, 285 N.Y. 671, 1941 N.Y. LEXIS 1685

Opinions

On plaintiff’s appeal: Judgment affirmed, with costs to respondent Fine. On appeal by defendant Commercial Outfitting Co., Inc.: Order affirmed and judgment absolute ordered against appellant Commercial Outfitting Co., Inc., on the stipulation, with costs in all courts to the plaintiff, on the ground that, as against this defendant, plaintiff made out a prima facie case of common-law negligence. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis and Desmond, JJ. Conway, J., concurs as to defendant Fine but dissents in following memorandum as to Commercial Outfitting Co., Inc.: