SWETLOW v. ZINDOREST PARK


281 A.D. 369 (1953)

Ruth Swetlow et al., Respondents, v. Zindorest Park, Inc., Appellant

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

March 3, 1953.


Attorney(s) appearing for the Case

John J. Cunneen of counsel (Caverly, Dimond, Dwyer & Lawler, attorneys), for appellant.

Jules H. Enrich of counsel (Daniel P. Hays with him on the brief; Hays, Wolf, Schwabacher, Sklar & Epstein, attorneys), for respondents.

PECK, P. J., CALLAHAN, BREITEL, FOSTER and BERGAN, JJ., concur.


Per Curiam.

Plaintiffs, who were guests at defendant's resort Zindorest Park, sue for the value of personal property lost in a fire. The complaint alleges that the resort maintained by defendant was a hotel and pleads the theory of an innkeeper's liability for the loss. It separately pleads liability based on negligence.

The answer denies the allegation of the complaint that the defendant maintained a hotel...

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