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EMERSON COAT CO. v. BECKER CLOAK CO.

17 Misc.2d 878 (1959)

Emerson Coat Co., Inc., Respondent-Appellant, v. Becker Cloak Company, Respondent, and Bee-Bee Holding Corp., Appellant.

Supreme Court, Appellate Term, First Department.

May 21, 1959.

Attorney(s) appearing for the Case

George T. Nicholson and William P. Kennedy for appellant.

Martin Rosen for respondent-appellant.

No one appearing for respondent.

Concur — HOFSTADTER, J. P., HECHT and AURELIO, JJ.

Per Curiam.

The finding in favor of the defendant Becker Cloak Company on disputed testimony may not be disturbed. There was, however, no proof of the cause of the water overflow, or of notice, actual or constructive, to the landlord-owner of any condition for which it could be held liable. In the absence of such proof there is no basis for recovery. (Hirsch v. Radt, 228 N.Y. 100; De Clara v. Barber S. S...

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