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COHEN v. UNION NEWS CO.

307 N.Y. 628 (1954)

Ralph Cohen, Appellant, v. Union News Company, Respondent.

Court of Appeals of the State of New York.

Decided May 20, 1954

Attorney(s) appearing for the Case

Benjamin H. Siff and Saul G. Wlodaver for appellant.

Bernard Meyerson and Richards W. Hannah for respondent.

Concur: LEWIS, Ch. J., DESMOND, DYE, FULD and VAN VOORHIS, JJ.; CONWAY, J., dissents in the following opinion in which FROESSEL, J., concurs.

Judgment affirmed, with costs.

CONWAY, J. (dissenting).

We are unable to agree for affirmance. This case is not one of the class of cases where a defective condition is complained of which requires notice to the defendant, actual or constructive, in order to impose liability upon the defendant who has failed in his duty of proper maintenance. It seems quite clear to us that if the Union News Company in the conduct of its business prepared a place...

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