Legal Opinion

Frank v. Simon

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

Decided November 15, 1905PublishedCited by 9 opinions

Appeal by the plaintiff, Ida Frank, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 28th day of February, 1905, upon the dismissal of the complaint by direction of the court ' after a trial at the Hew York Trial Term.

1Opinion of the Court

Latohlin, J.:

This is an action by a tenant against her landlord to recover damages for personal injuries sustained through the fall of plaster from, the ceiling of the dining room in her apartment. The apartment house is Ho. 45 East Broadway. It is a five-story building, with an apartment for one family to a floor. The accident occurred about six o’clock on an evening in March, 1902. The plaintiff was tenant of the top floor and had been since the 1st of May, 1900. She was at the supper table with some of her children when about three-fourths of the plaster of the ceiling with “ the slats ”…

2Cited by9 opinions

  1. Eckert v. ReichardtNew York Court of Appeals · 1926
  2. Leuch v. DessertWashington Supreme Court · 1926
  3. Tootle Theatre Co. v. Shubert Theatrical Co.Appellate Division of the Supreme Court of the State of New York · 1916
  4. Tauber v. RochelskyAppellate Terms of the Supreme Court of New York · 1915
  5. Stevens v. SchweizerAppellate Terms of the Supreme Court of New York · 1916

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