McPhillips v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Fitzgerald, as executrix, etc., of James M. Fitzgerald, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of Hew York on the 19th day of January, 1900, upon the decision of the court rendered after a trial at the Hew York Trial Term, the jury having found a verdict in favor of the plaintiff upon the question of the negligence of the defendant’s testator, and also from an…
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Appeal by the defendant, Mary Fitzgerald, as executrix, etc., of James M. Fitzgerald, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of Hew York on the 19th day of January, 1900, upon the decision of the court rendered after a trial at the Hew York Trial Term, the jury having found a verdict in favor of the plaintiff upon the question of the negligence of the defendant’s testator, and also from an order entered in said clerk’s office on the 27th day of March, 1900, denying the defendant’s motion for a new trial made…
1Opinion of the Court
Ingraham, J.:
The action was originally brought by Matthew McPhillips and Andrew McPhillips, plaintiffs, against James M. Fitzgerald, defendant, to recover the damages sustained by the plaintiffs by the fall of a building adjoining the plaintiffs’ premises in the city of Mew York, through the negligence of the defendant, the lessee of an adjoining building. The defendant in that case answered in May, 1894. Subsequent thereto and prior to the trial of the action, Andrew McPhillips, one of the plaintiffs, and the defendant James M. Fitzgerald died; whereupon the plaintiff made a motion to…
2Cases cited1 opinion
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
3Cited by5 opinions
- Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- George v. BridbordAppellate Division of the Supreme Court of the State of New York · 1985
- In re GillespieNew York Supreme Court · 1940
- Weisner v. BenensonAppellate Division of the Supreme Court of the State of New York · 1949