Proctor v. Mount Vernon Arena, Inc.
New York Court of Appeals
I. There was a complete absence of proof of the violation of section 484 of the Penal Law. Without such proof that statute obviously is inapplicable and cannot properly be urged as a defense to an admitted'violation of sections 40 and 41 of the Civil Eights Law. II. Assuming but not granting that the defendant may avail itself of section 484 of the Penal Law, the facts show that the statute has been complied with. (People v. Samioick, 127 App. Div. 209.) III.
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I. There was a complete absence of proof of the violation of section 484 of the Penal Law. Without such proof that statute obviously is inapplicable and cannot properly be urged as a defense to an admitted'violation of sections 40 and 41 of the Civil Eights Law. II. Assuming but not granting that the defendant may avail itself of section 484 of the Penal Law, the facts show that the statute has been complied with. (People v. Samioick, 127 App. Div. 209.) III. The infant plaintiff was excluded solely because of race, color, and creed and in violation of section 40 of the Civil Rights Law.…
1Opinion of the CourtConway, J.
This is an action by an infant plaintiff to recover damages under Civil Rights Law, sections 40 and 41. The plaintiff is a colored girl who on the date upon which occurred the incident of which complaint is made, was fifteen years, eleven months and ten days of age — in other words she was twenty days less than sixteen years of age. She attended Gorton High School in Yonkers, N. Y., and was a member of the Tri Phi Club, composed of some fifty girls of the school. The members of the club decided to go roller skating at the rink of the defendant on Saturday, October 11, 1941. The infant…
2Cases cited3 opinions
- Johnson v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1918
- Proctor v. Mount Vernon Arena, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
- Johnson v. Auburn & Syracuse Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Lipschultz v. StateNew York Court of Claims · 1948