Legal Opinion

Bornstein v. Faden

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

Decided February 2, 1912PublishedCited by 11 opinions

Appeal by the plaintiff, Pauline Bernstein, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 26th day of May, 1911, upon the dismissal of the complaint at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 21st day of June, 1911, denying the plaintiff’s motion for a new trial made upon the…

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Appeal by the plaintiff, Pauline Bernstein, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 26th day of May, 1911, upon the dismissal of the complaint at the close of plaintiff’s case on a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 21st day of June, 1911, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is a statutory action to recover for the death of Brucha Frieda Goldman, alleged to have been caused by the negligence of the defendants in faffing to light the hallways of the tenement building known as No. 14 Clinton street, borough of Manhattan, New York, between sunset and sunrise, as required by the provisions of section 82 of the Tenement House Act (Laws of 1901, chap. 334), which was re-enacted by section 76 of the Tenement House Law (Consol. Laws, chap. 61; Laws of 1909, chap. 99.)* The defendants were the owners of the premises and building, which was a six-story…

2Cases cited1 opinion

  1. Brown v. WittnerAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by11 opinions

  1. Altz v. . LeibersonNew York Court of Appeals · 1922
  2. Johnson v. CarterSupreme Court of Iowa · 1934
  3. Schabel v. Onseyga Realty Co.Appellate Division of the Supreme Court of the State of New York · 1931
  4. Wolf v. KaufmannAppellate Division of the Supreme Court of the State of New York · 1929
  5. Harwood's Adm'r v. RichterCourt of Appeals of Kentucky (pre-1976) · 1941

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