Legal Opinion
Par-X Uniform Service Corp. v. Emigrant Industrial Savings Bank
New York Supreme Court
Decided May 15, 1944PublishedCited by 1 opinion
1Opinion of the CourtSchreiber, J.
Plaintiff, tenant on the fourth floor in defendant’s building, suffered water damage to its goods from a cracked sprinkler pipe located on the fifth floor which was occupied by another tenant. The sprinkler system was common to all the tenants and thus generally the duty of proper maintenance devolved on the landlord (Botwin v. Rothkopf Realty Co., *127Inc., 128 Misc. 15). Plaintiff, not resting on the doctrine res ipsa loquitur (cf. Silver v. Dry Dock Savings Institution, 261 App. Div. 283; Dittiger v. Isal Realty Corp., 290 N. Y. 492), offered proof to establish defendants’ negligence. Over a…
2Cases cited25 opinions
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Spencer v. Standard Chemicals & Metals Corp.New York Court of Appeals · 1924
- Digelormo v. WeilNew York Court of Appeals · 1932
- Dittiger v. Isal Realty Corp.New York Court of Appeals · 1943
- Purdy v. McGarityAppellate Division of the Supreme Court of the State of New York · 1941
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3Cited by1 opinion
- American Alliance Insurance Co v. Capital National Bank of SacramentoCalifornia Court of Appeal · 1946