Kantrowitz v. Brooklyn, Queens County & Suburban Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Morris Kantrowitz, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of February, 1916, upon a dismissal of the complaint by direction of the court upon the pleadings at the opening of the case.
1Opinion of the Court
Jenks, P. J.:
The plaintiff was dismissed at the opening of the trial upon defendant’s motion that the complaint did not state facts sufficient to constitute a cause of action. Thus the court in effect held the complaint demurrable. (Ketchum v. Van Dusen, 11 App. Div. 332; Baylies Tr. Pr. [2d ed.] 246, and authorities cited.)
The motion for dismissal rested solely upon the proposition that the care required of the defendant, with respect to the character of the defect (not as to notice), was like unto the care required of the municipality, and that many decisions had absolved municipalities as…
2Cases cited6 opinions
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
- Durr v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1906
- Weldon v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by2 opinions
- Wensley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
- Parrish v. New York Railways Corp.City of New York Municipal Court · 1931