Legal Opinion

Apfel v. Whyte's, Inc.

Appellate Terms of the Supreme Court of New York

Decided March 15, 1920PublishedCited by 4 opinions

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

  1. Wentworth v. RiggsAppellate Division of the Supreme Court of the State of New York · 1913
  2. Wentworth v. RiggsAppellate Terms of the Supreme Court of New York · 1913

3Cited by4 opinions

  1. Webster v. LaneAppellate Terms of the Supreme Court of New York · 1925
  2. Black Beret Lounge & Restaurant v. MeisnereDistrict of Columbia Court of Appeals · 1975
  3. Schaefer v. Grausmall Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Wielar v. Silver Standard, Inc.Appellate Division of the Supreme Court of the State of New York · 1942

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API