Legal Opinion

Schoenfeld v. Mott Avenue Realty Co.

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

Decided June 4, 1915PublishedCited by 3 opinions

Appeal by the plaintiff, Rebecca Schoenfeld, from a judgment of the County. Court of Bronx county, entered in the office of the clerk of said county on the 27th day of January, 1915, upon a dismissal of the complaint by direction of the court at the opening as to the defendant Mott Avenue Realty Company; also an appeal from the judgment in favor of the defendant Isidor Levy, entered in the office of the clerk of the county of Bronx on the 10th day of February, 1915, upon the…

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Appeal by the plaintiff, Rebecca Schoenfeld, from a judgment of the County. Court of Bronx county, entered in the office of the clerk of said county on the 27th day of January, 1915, upon a dismissal of the complaint by direction of the court at the opening as to the defendant Mott Avenue Realty Company; also an appeal from the judgment in favor of the defendant Isidor Levy, entered in the office of the clerk of the county of Bronx on the 10th day of February, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of February, 1915, denying…

1Opinion of the Court

Scott, J.:

The defendant Mott Avenue Realty Company is the owner and lessor, and the defendant Isidor Levy is the lessee, of a *92store and basement or cellar at No. 870 Intervale avenue, in the county of Bronx. Directly in front of the store is a staff-way leading down into the cellar, the opening being covered by a double door, which, when closed, is at the same level as the sidewalk and adjacent thereto. Each flap of the door when opened stands nearly upright. At about eight o’clock in the evening of June 4, 1914, an employee of the defendant Levy, having occasion to go into the cellar, left…

2Cases cited2 opinions

  1. Ackerman v. . TrueNew York Court of Appeals · 1903
  2. Mulligan v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. Glover v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1919
  2. Smith v. EarleAppellate Division of the Supreme Court of the State of New York · 1922
  3. Moers v. PellAppellate Division of the Supreme Court of the State of New York · 1917

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