
    Ida Kopelson, Respondent, v. New York Hotel Statler Co., Inc., Appellant.
    Supreme Court, Appellate Term, First Department,
    February 16, 1928.
    Inns and innkeepers — negligence — placing cuspidor in public room not negligence.
    It is not negligence for an hotel proprietor to place one or more cuspidors in a public room of the hotel.
    Appeal by defendant, from judgment of the Municipal Court, Borough of Manhattan, Fourth District, in favor of plaintiff.
    
      E. C. Sherwood, for the appellant.
    
      Michael Popper, for the respondent.
   Per Curiam.

We do not understand how it can be validly claimed that the placing of one or more cuspidors in one of the public rooms of a hotel is negligence.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.

All concur; present, Bijur, Delehanty and Crain, JJ.  