Legal Opinion

Hollman v. Kayell Realty Co.

Appellate Terms of the Supreme Court of New York

Decided April 15, 1923PublishedCited by 2 opinions

Appeal by defendant from a judgment in favor of plaintiff, entered in the Municipal Court of the city of New York, borough of Manhattan, first district, after a trial before the court and a jury.

1Opinion of the CourtLydon, J.

This action was brought to recover damages for personal injuries. Plaintiff is a tenant of the defendant, and occupies a store with living rooms in the rear thereof, and also a part of a cellar underneath the store. The cellar is used by the tenant for the storage of merchandise in connection with her store. The plaintiff had exclusive use of the cellar and the only entrance to same was by the stairs leading from the street, and tins stairway was not used in common by other tenants. It appears that the plaintiff on the morning of February 5, 1921, at about a quarter past six o’clock while…

2Cases cited2 opinions

  1. Altz v. . LeibersonNew York Court of Appeals · 1922
  2. Kane v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by2 opinions

  1. Schauf v. City of New YorkNew York Supreme Court · 1960
  2. Creston Burnside Holding Corp. v. Ken-Ross Associates, Inc.Civil Court of the City of New York · 1965

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