Legal Opinion

Peters v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 1908PublishedCited by 4 opinions

Appeal by the plaintiff, Margaret Peters, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of. January, 1908, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 18th day of February, 1908, denying - the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Houghton, J.:

The defendant was the owner of a tenement house in the city of New York, consisting of a brick tenement in front and a small frame building in the rear. Entrance to the rear house was through the hallway of the front house and along the yard. The second story of the rear house consisted of three rooms, access to which was had by an outside stairway and landing. These three rooms were leased to one O’Hara by defendant’s agent. The plaintiff had paid a visit to the tenant’s wife, her sister, and as she was about to depart stepped upon the landing which gave way throwing her to the…

2Cases cited1 opinion

  1. Dollard v. . RobertsNew York Court of Appeals · 1891

3Cited by4 opinions

  1. Brenner v. Landsmann Co.Appellate Division of the Supreme Court of the State of New York · 1918
  2. Duckett v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1917
  3. Goldberg v. EngelhardCity of New York Municipal Court · 1933
  4. Lorefice v. SardellaAppellate Terms of the Supreme Court of New York · 1915

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