Legal Opinion

Behm v. Damm

Appellate Terms of the Supreme Court of New York

Decided January 17, 1905PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of the- Bronx, Second District. Action by Julia Behm against Frederick Damm and others. From a judgment for defendants, plaintiff appeals.

1Per curiam

There was sufficient conflict of evidence to require submission to the jury. The defendant’s position was that of janitress or servant, and the landlord had an undoubted right at any time to dismiss her, and, if she refused to remove her furniture, to put it out. This, however, did not include the right to forcibly destroy or- injure the furniture. If her testimony is to be believed, the defendant Damm committed a wanton trespass. The *736complaint against the other defendants was properly .dismissed, hut as to Damm we think it should have been left to the jury to say whether he gave plaintiff…

2Cited by2 opinions

  1. Reed v. Esplanade Gardens, Inc.Civil Court of the City of New York · 1977
  2. Reed v. Esplanade Gardens, Inc.Appellate Terms of the Supreme Court of New York · 1978

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