Appellate Terms of the Supreme Court of New York, 1935

Campbell v. Eichert

Appellate Terms of the Supreme Court of New York · Decided March 21, 1935

155 Misc. 164; 278 N.Y.S. 946; 1935 N.Y. Misc. LEXIS 1105

Counsel

Walter J. Ryan, for the appellant., William T. Andrews [John H. Lewis of counsel], for the respondent.

Opinion of the Court

Per Curiam.

A beauty parlor is not specifically mentioned in the Civil Rights Law, sections 40, 41, and is not a place of public accommodation under the common law or under the general terms of the statute. (Burks v. Bosso, 180 N. Y. 341; Gibbs v. Arras Brothers, 222 id. 332; Faulkner v. Solazzi, 79 Conn. 541; 65 A. 947.) Where it is not conducted as part of a barber shop a beauty parlor is not included in that term as used in the statute.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Lydon, Hammer and Frankentbaler, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.