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COOKE v. BERNSTEIN

45 A.D.2d 497 (1974)

Herman Cooke, Respondent, v. Sidney J. Bernstein et al., as Executors of Lucius P. Wasserman, Deceased, Defendants, and Consolidated Edison Company of New York, Inc., Appellant Sidney J. Bernstein et al., as Executors of Lucius P. Wasserman, Deceased, Third-Party Plaintiffs, v. London Character Shoes Corporation, Third-Party Defendant

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

October 15, 1974.

Attorney(s) appearing for the Case

Joseph J. Klem of counsel (Williams & O'Neill, attorneys), for appellant.

P. Sherwood Greenhaus of counsel (McDonough, Schneider, Marcus & Cohn, attorneys), for respondent.

NUNEZ, J. P., KUPFERMAN, TILZER and LANE, JJ., concur.

MURPHY, J.

London Character Shoes Corporation ("London") employed plaintiff as a porter and occasional salesman at its 125th Street store. In the early afternoon of October 24, 1963, plaintiff was requested to obtain a particular shoe style from the chain's 37th Street and Seventh Avenue store. On arrival he stated his mission and then went into the toilet to urinate. After exposing himself, plaintiff lit a cigarette...

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