KURZWEG v. HOTEL ST. REGIS CORP.

No. 25, Docket 27497.

309 F.2d 746 (1962)

Willie Turner KURZWEG, Plaintiff-Appellant, v. HOTEL ST. REGIS CORP., Defendant-Appellee, Donovan, Leisure, Newton & Irvine and Marvin Lieber, Defendants.

United States Court of Appeals Second Circuit.

Decided November 5, 1962.


Attorney(s) appearing for the Case

Arthur E. McInerney, New York City (Duer & Taylor, New York City, on the brief), for plaintiff-appellant.

Jacob L. Rothstein, Brooklyn (Abraham Richmond, Brooklyn, on the brief), for defendant-appellee.

Before CLARK, MOORE and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Plaintiff, descending from a cab stopped in the second lane from the sidewalk in front of the Hotel St. Regis, was injured when a car nearer the curb backed up. She sued the owners of both vehicles and the hotel owner, alleging against the latter negligence of the hotel doorman.1 The hotel owner moved to dismiss under Rule 12(b) F.R.Civ.P. for failure to state a claim on which relief could be granted. The Court, Richard...

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