Legal Opinion

Smith v. Earle

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 1922PublishedCited by 5 opinions

1Opinion of the Court

Page, J.:

The plaintiff’s intestate was killed by the falling of a building upon which he was employed while extensive structural alterations were being made.

*306The action is brought against George H. Earle, Jr., the owner of the fee, Joseph Kleinberger, the architect, the appellants herein, and against the lessee and contractor. The amended complaint contains allegations of fact sufficient to support a cause of action for maintaining a nuisance, in that the building was maintained in an unsafe condition which would be available against the owner and lessee, but not against the architect and…

2Cases cited3 opinions

  1. Sullivan v. . DunhamNew York Court of Appeals · 1900
  2. Glover v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1919
  3. Schoenfeld v. Mott Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915

3Cited by5 opinions

  1. Steinberg v. John Rosenblum, Inc.New York Supreme Court · 1954
  2. D'Allesandro v. United Marine Contracting Corp.District Court, E.D. New York · 1928
  3. First Construction Co. v. Rapid Transit Subway Construction Co.New York Supreme Court · 1923
  4. Totten v. United States Lines Co.District Court, S.D. New York · 1936
  5. Ader v. BlauAppellate Division of the Supreme Court of the State of New York · 1925

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