Legal Opinion
Equitable Life Assurance Society of United States v. Ninson Realty Corp.
New York Supreme Court
Decided January 17, 1934PublishedCited by 3 opinions
1Opinion of the CourtMcLaughlin, J.
This is a motion for an order vacating the ex parte order dated November 24, 1933, granting Mae Schwartz and Jack Schwartz leave to bring an action against Michael Erceg, as receiver, in the Supreme Court of the State of New York, to recover damages for personal injuries and loss of services.
The petition upon which the ex parte order is based shows that the claim for damages is based solely upon allegations of passive negligence on the part of the receiver. It is alleged that he permitted a dangerous condition to exist on the staircase without repairing the same. There is not a single…
2Cases cited3 opinions
- Fischer v. GlaserAppellate Division of the Supreme Court of the State of New York · 1915
- Morse v. Fox Bros. International Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Lichtenstein v. BelknapAppellate Terms of the Supreme Court of New York · 1917
3Cited by3 opinions
- Alta Holding Co. v. Ninson Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Gabriele v. Kent Realty Co.Appellate Terms of the Supreme Court of New York · 1934
- Dapolito v. MorrisonCity of New York Municipal Court · 1938