Zubas v. Coffey

Chief Judge Conwat (dissenting).

On April 6,1956 Josephine Zubas, the plaintiff, went with her son, Stanley Zubas, to defendants ’ funeral parlor to pay their respects to a deceased friend. They arrived between 7:30 and 8:00 p.m. when it was dark. The funeral home which is located in Tarrytown has a large semicircular driveway with a porte-cochere at the front door. There is no parking lot as such. As one faces the premises from the street, the right-hand, or entrance part of the driveway, divides. Part of the driveway swings around to the left under the portecochere, and then continues back…