Shaw v. Samley Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samley Realty Co., Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of February, 1922, denying defendant’s motion to vacate a notice requiring the defendant to submit to an examination before trial by its president and its agent, in an action to recover damages alleged to have been caused by the negligence of the defendant.
1Opinion of the Court
Clarke, P. J.:
The complaint alleges that the defendant was the owner of an apartment house and had reserved to itself control of various portions thereof, to wit, the vestibule and halls which were used in common by all the tenants and others lawfully within the premises for the purpose of entering and leaving said house; that the plaintiff was the wife of and resided with a tenant in one of the apartments; that there was a wooden door between the outer vestibule and the inner hall, which door consisted of a wooden frame designed to inclose and customarily inclosing a large plate glass panel;…
2Cases cited7 opinions
- Herbage v. . City of UticaNew York Court of Appeals · 1888
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Griffin v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Kessler v. North River Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Preiss v. O'DonohueAppellate Division of the Supreme Court of the State of New York · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- Zeltner v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Lattimer v. Sun-Herald Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Nomako v. AshtonAppellate Division of the Supreme Court of the State of New York · 1964
- Parker v. BurgoyneCity of New York Municipal Court · 1938
28 more not listed; retrieve them via the Exa API.