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BURGESS v. GARFIELD 49TH ST.

1 Misc.2d 60 (1955)

Harry Burgess, Respondent, v. Garfield 49th Street, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

December 15, 1955.

Attorney(s) appearing for the Case

Allen Redlich, Samuel Schub and Milton B. Pfeffer for appellant.

Melville Harris, William A. Hyman and Harold W. Hayman for respondent.

KLEINFELD, PETTE and DI GIOVANNA, JJ., concur.

Per Curiam.

Defendant was under a duty to use ordinary care to protect the patrons of its restaurant from injury from causes reasonably to be anticipated. (See Schubart v. Hotel Astor, 168 Misc. 431, affd. 255 App. Div. 1012, affd. 281 N.Y. 597; also see, Smith v. White Tower Management Corp., 129 N.Y.S.2d 545, and cases there cited.) However, it was not expected to anticipate the unusual and abnormal...

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