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MARGOLIN v. FRIEDMAN

43 N.Y.2d 982 (1978)

Frederick Margolin, Appellant, v. Lawrence Friedman, Defendant, and 670 Coney Island Avenue, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 21, 1978.

Attorney(s) appearing for the Case

Thomas Moore and Norman E. Frowley for appellant.

Robert H. Tell and Solomon M. Cheser for Crown Car Wash, Inc., respondent.

Douglas A. Boeckmann for 670 Coney Island Avenue, Inc., respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG taking no part.

MEMORANDUM.

This accident occurred when an automobile driven by a patron of the car wash went out of control. The only basis for liability against defendants, one which constructed and the other which operated the car wash, are the allegations that the premises were improperly designed and maintained, and that there was an absence of a warning sign. The courts have rejected attempts by plaintiffs in similar circumstances...

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