Apfel v. Whyte's, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, in favor of plaintiff, after trial by the court without a jury.
1Opinion of the CourtMullan, J.
The plaintiff went to the defendant’s restaurant, “Whyte’s,” on Fulton street, for lunch. He says he did not notice the hat-and-coat rack, in charge of a check boy, at the Fulton street entrance, by which he entered. He was escorted to a table, and either a waiter, or one of the assistants to the head-waiter, who have come to be known as “ captains,” helped him take off his overcoat, and took his hat and overcoat and hung them up on a hook on a post. The precise location of the hook in relation to plaintiff’s chair was not fixed by the plaintiff. He did say, however, that it was 1 ‘ nearby. ’…
2Cases cited2 opinions
- Wentworth v. RiggsAppellate Division of the Supreme Court of the State of New York · 1913
- Wentworth v. RiggsAppellate Terms of the Supreme Court of New York · 1913
3Cited by4 opinions
- Webster v. LaneAppellate Terms of the Supreme Court of New York · 1925
- Black Beret Lounge & Restaurant v. MeisnereDistrict of Columbia Court of Appeals · 1975
- Schaefer v. Grausmall Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Wielar v. Silver Standard, Inc.Appellate Division of the Supreme Court of the State of New York · 1942