Appellate Division of the Supreme Court of New York, 1944

Rapee v. Beacon Hotel Corp.

Rapee v. Beacon Hotel Corp.
Appellate Division of the Supreme Court of New York · Decided February 25, 1944
267 A.D. 865; 47 N.Y.S.2d 305; 1944 N.Y. App. Div. LEXIS 5181
Rapee v. Beacon Hotel Corp.

Opinion of the Court

Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Martin, P. J., and Dore, J., dissent and vote to reverse the judgment and dismiss the complaint, on the ground that the proof indisputably established that plaintiff obtained entry into the hotel by means of fraud on a state of facts requiring an inference that it was for an unlawful purpose and cannot have the advantage thereof to recover from defendant.

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