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BERK v. SCHENECTADY HOTEL CO.

279 A.D. 249 (1952)

Morris H. Berk, Appellant, v. Schenectady Hotel Co., Inc., Doing Business under the Name of Van Curler Hotel, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 9, 1952.

Attorney(s) appearing for the Case

Harold A. Gordon and Charles S. Tracy for appellant.

Laurence V. Benedict for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.

COON, J.

Plaintiff with a companion, one Rudolph, arrived at the Van Curler Hotel in Schenectady, N. Y., on September 29, 1946, at about 8:30 P.M. They were assigned to the same room as paying guests of the hotel. They had driven that day from their homes in Pennsylvania, where both were business men, to attend a meeting pertaining to their business, which was to occur the following day. Neither used the shower...

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