Austrian Bentwood Furniture Co. v. Wright
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Special Term of the City Court of the city of New York, denying a motion to vacate a warrant of attachment. The plaintiff, a dealer in furniture, occupied the second floor of a building and the defendant occupied the fourth floor of the same building.
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Appeal by the defendant from an order of the Special Term of the City Court of the city of New York, denying a motion to vacate a warrant of attachment. The plaintiff, a dealer in furniture, occupied the second floor of a building and the defendant occupied the fourth floor of the same building. The negligence charged against the defendant consisted in her leaving the water supply pipe on her floor open, so that the water ran through the fourth and third floors and damaged plaintiff’s furniture on the second floor.
1Opinion of the CourtLeventritt, J.
Appeal from an order denying a motion to vacate a warrant of attachment. The ground of the attachment is the nonresidence of 'the defendant and the cause *617of action is injury, to the plaintiff’s furniture occasioned by an overflow of water, ascribed to the defendant’s negligence. The attachment is attacked for the insufficiency of the allegations respecting the defendant’s nonresidence and the extent of the damage sustained. The former is amply supported. Even if the two affidavits, which are based on information and belief, be rejected, notwithstanding that the sources of the information and…
2Cases cited2 opinions
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
- Cole v. SmithAppellate Division of the Supreme Court of the State of New York · 1903