Stamm v. Purroy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo S. Stamm, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 11th day of May, 1915, upon a dismissal of the complaint by direction of the court at the opening.
1Opinion of the Court
Jenks, P. J.:
The plaintiff complains of the negligence of the defendants, owners and lessors of certain improved premises wherein he resided with the lessee, in that when using a landing, it gave way so that the plaintiff fell to his injury. The general rule is that the landlord is not liable. (Jaffe v. Harteau, 56 N. Y. 398; Steefel v. Rothschild, 179 id. 277; Frank v. Mandel, 76 App. Div. 413; Barrett v. Lake Ontario Beach Imp. Co., 174 N. Y. 314.) The plaintiff did not put himself within the limitations of this rulé. He did not plead that he was in use of premises of a public or…
2Cases cited6 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1887
- Marston v. FrisbieAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by3 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Morris v. City of New YorkCity of New York Municipal Court · 1932
- Zackariason v. ZobelAppellate Division of the Supreme Court of the State of New York · 1916