Appellate Division of the Supreme Court of the State of New York June 28, 1957 (Beedenbender v. Midtown Properties, Inc.)

lead-opinion

Botein, J.

At 3:30 a.m. one morning, plaintiff, a policeman, was on duty at the corner of Eighth Avenue and 46th Street. While talking to another patrolman he saw Benny Bates, the porter and night watchman of a nearby restaurant, the Italian Kitchen, motion to them.