Fogarty v. Bogart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Fogarty, from a judgment of the Supreme Court in favor of the defendant, entered in the office of- the clerk of tliei county of Kings on the 4th day of April, 1900, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court, after a trial before the court and a jury at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 11th day of April, 1900, denying the…
Read the full summary
Appeal by the plaintiff, Margaret Fogarty, from a judgment of the Supreme Court in favor of the defendant, entered in the office of- the clerk of tliei county of Kings on the 4th day of April, 1900, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court, after a trial before the court and a jury at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 11th day of April, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The first tidal of this case resulted in a dismissal of the complaint, but the judgment entered thereon was reversed by this court. (Fogarty v. Bogart, 43 App. Div. 430.) It then appeared that the plaintiff, seeing a sign upon the house Ko. 28 First place, in the borough of Brooklyn, “ Flat to Let,” and desiring to hire a flat, rang the basement bell of the premises for the purpose of making inquiries. The basement gate is under the stoop and is reached by a flagged walk skirting a grass plot and terminating with two steps (down) to a stone platform forty and one-half inches…
2Cases cited7 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Victory v. . BakerNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Woodward v. NewsteinCourt of Special Appeals of Maryland · 1977
- Fagan v. BishopAppellate Division of the Supreme Court of the State of New York · 1917