Legal Opinion

Rosenbaum v. Branster Realty Corp.

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

Decided December 20, 1949Published

1Opinion of the CourtGlennon, J.

The individual defendants, doing business as Tracy Refrigeration Service, seek the dismissal of the complaint in this action on the ground that it does not state facts sufficient to constitute a cause of action as against them.

Plaintiffs are husband and wife, who at the time in question occupied an apartment in a multiple dwelling owned by the corporate defendant. They bring this action to recover damages for personal injuries sustained by plaintiff Adele Rosenbaum, and for the loss of services and medical expenses occasioned the husband when she was overcome by sulphur dioxide fumes escaping…

2Cases cited12 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  3. Glanzer v. . ShepardNew York Court of Appeals · 1922
  4. International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
  5. Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882

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