Legal Opinion

Murphy v. Altman

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

Decided July 1, 1898PublishedCited by 10 opinions

Appeal by the plaintiff, Bridget Murphy, as administratrix, etc., of James Murphy, deceased, from an order of the Supreme Court,' made at the -Kings County Trial Term, bearing date the 24th- day of June, 1897, and entered in. the office of the clerk of the county of Kings, denying the plaintiff’s motion to set aside the direction made at the Trial Term dismissing the complaint as against the defendants Benjamin Altman and The Mosler Safe Company, and for a new trial made…

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Appeal by the plaintiff, Bridget Murphy, as administratrix, etc., of James Murphy, deceased, from an order of the Supreme Court,' made at the -Kings County Trial Term, bearing date the 24th- day of June, 1897, and entered in. the office of the clerk of the county of Kings, denying the plaintiff’s motion to set aside the direction made at the Trial Term dismissing the complaint as against the defendants Benjamin Altman and The Mosler Safe Company, and for a new trial made upon the minutes.

1Opinion of the Court

Cullen, J.:

The defendant Altman, being the owner of a lot and building in the city of New York, entered into a contract with the firm of Marc Eidlitz Sons for the construction of certain additions and improvements to the building. The contract provided for the construction, in the basement of the new building or addition, of a fireproof vault. The door of this vault, which was of the same general character as the door of a safe, and the frame in which it was to be set, were to be provided by the respondent; but the contractor was to handle them after delivery and build them in. In all other…

2Cases cited2 opinions

  1. Flynn v. Central RailroadNew York Court of Appeals · 1894
  2. People v. SicklesAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by10 opinions

  1. Caspersen v. La Sala Bros.New York Court of Appeals · 1930
  2. Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
  3. Doremus v. AuerbachAppellate Division of the Supreme Court of the State of New York · 1917
  4. Looney v. Prest-O-Lite Co.Indiana Court of Appeals · 1917
  5. Silverman v. BinderAppellate Division of the Supreme Court of the State of New York · 1909

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