Legal Opinion

Motyka v. City of Amsterdam

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

Decided December 2, 1958PublishedCited by 2 opinions

1Opinion of the Court

Appeal from judgment and order dismissing the complaint herein at the close of the plaintiffs’ case for failure of proof. The action was tried at a term of court in Montgomery County on February 7, 1957 before the Honorable Andrew W. Ryan. The action is in negligence. The city is charged with violation of the Multiple Residence Law and the individual owner with owning and maintaining a defective and unsafe building and allowing the use of a dangerous and defective instrument therein (oil stove), all of which created a nuisance. There is nothing in the present case as to the law or facts which…

2Cited by2 opinions

  1. Carroll v. City of New YorkNew York Supreme Court · 1962
  2. Reid v. City of Niagara FallsNew York Supreme Court · 1961

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