Appellate Terms of the Supreme Court of New York, 1948

Peters v. Knott Corp.

Peters v. Knott Corp.
Appellate Terms of the Supreme Court of New York · Decided May 26, 1948
191 Misc. 898; 82 N.Y.S.2d 650; 1948 N.Y. Misc. LEXIS 3191

Counsel

Max J. Gwertzman for appellant., William L. Shumate for respondent.

Peters v. Knott Corp.

Opinion of the Court

Per Curiam.

The checking facilities maintained by defendant, as disclosed by this record, did not constitute a checkroom within the meaning of section 201 of the General Business Law. Even if it were a checkroom, the evidence presented a question of fact as to whether the notice specified in section 206 had been properly posted by defendant.

The judgment should be unanimously reversed upon the law and new trial granted, with costs to plaintiff to abide the event.

MacCrate, Fennelly and Golden, JJ., concur.

Judgment reversed, etc.

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