ZUBAS v. COFFEY


6 N.Y.2d 915 (1959)

Josephine Zubas, Appellant, v. Edwin J. Coffey, Doing Business as Coffey Funeral Home, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1959.


Attorney(s) appearing for the Case

Thomas Grimes, Louis Bierfass and James Dempsey for appellant.

William T. Gallagher for respondent.

Concur: Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE. Chief Judge CONWAY dissents in the following opinion in which Judge FROESSEL concurs.


Judgment affirmed, without costs.

Chief Judge CONWAY (dissenting).

On April 6, 1956 Josephine Zubas, the plaintiff, went with her son, Stanley Zubas, to defendants' funeral parlor to pay their respects to a deceased friend. They arrived between 7:30 and 8:00 P.M. when it was dark. The funeral home which is located in Tarrytown has a large semicircular driveway with a porte-cochere at the front door. There...

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