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PULKA v. EDELMAN

50 A.D.2d 514 (1975)

Shaul Pulka, Respondent, v. Lillian Edelman et al., Defendants, and Ace Garage, Appellant

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

November 6, 1975

Respondent shall recover of appellant $60 costs and disbursements of this appeal.

Murphy, J., dissents in the following memorandum:

I disagree with my colleagues since the effect of an affirmance in this case is to impose an unwarranted strict liability on all persons having lawful curb-cuts, such as owners of off-street parking facilities (including garages and apartment and private home owners, commercial enterprises receiving and shipping merchandise...

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