JACOBS v. ALRAE HOTEL CORP.


4 A.D.2d 201 (1957)

Stella Jacobs, Respondent, v. Alrae Hotel Corp., Appellant

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

June 25, 1957.


Attorney(s) appearing for the Case

Leo E. Sherman of counsel (Milton Gerber, attorney), for appellant.

Joseph Haskell of counsel (Emmet L. Holbrook with him on the brief; Joseph Haskell, attorney), for respondent.

VALENTE, McNALLY and BERGAN, JJ., concur with FRANK, J.; BOTEIN, J. P., dissents and votes to affirm in opinion.


FRANK, J.

This is an appeal from a judgment in favor of the plaintiff, in an action predicated upon negligence. There is virtually no dispute upon the proven facts as they concern the question of liability. The problem arises from the inferences to be drawn from the proof with respect to reasonable care, causation and foreseeability.

The defendant operated a hotel in the borough of Manhattan, occupied...

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