Preiss v. O'Donohue
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph J. O’Donohue, Jr., individually and as receiver, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9 th day of March, 1916, denying his motion to vacate his order for examination before trial.
1Opinion of the Court
McLaughlin, J.:
Action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff by the fall of a passenger elevator, the operation of which was controlled by defendant.
The complaint alleges, among other things, that the defendant was in possession of the building and control of the elevator. The answer admits such allegations of the complaint, but denies that the defendant in his individual capacity was in such possession and control. Such denial, of course, must be read in connection with his admission that his possession was that of receiver and not…
2Cases cited3 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Wood v. Charles W. Hoffman Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Kessler v. North River Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by8 opinions
- Shaw v. Samley Realty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Nomako v. AshtonAppellate Division of the Supreme Court of the State of New York · 1964
- Parker v. BurgoyneCity of New York Municipal Court · 1938
- Schonhous v. WeinerNew York Supreme Court · 1930
- West v. Coney Island & Brooklyn RailroadNew York Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.