Legal Opinion
Mercier v. Bushwick Savings Bank
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 1941PublishedCited by 5 opinions
1Opinion of the CourtClose, J.
The plaintiff appeals from a judgment dismissing the complaint in an action for damages for interim suffering and death of plaintiff’s intestate. The first cause of action is based upon the theory that the premises where the accident happened are multiple dwellings, as that term is defined in the Multiple Dwelling Law (Laws of 1929, chap. 713). The second and third causes of action are based upon the theory that the place where the fatality occurred was used in common by two families and, therefore, was under the control of the landlord.
The premises involved consist of a combined business and…
2Cases cited4 opinions
- Bowers v. City Bank Farmers Trust Co.New York Court of Appeals · 1940
- Loucks v. . DolanNew York Court of Appeals · 1914
- Booth v. MeyerAppellate Division of the Supreme Court of the State of New York · 1939
- Rasmussen v. Fishkind Building Corp.Appellate Division of the Supreme Court of the State of New York · 1940
3Cited by5 opinions
- MacKe Laundry Service Co. v. WeberCourt of Appeals of Maryland · 1972
- Knapp v. Fulton County National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1958
- Joseph Kermarec v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1957
- Joseph Kermarec v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1957
- Mercier v. Bushwick Savings BankAppellate Division of the Supreme Court of the State of New York · 1941