Legal Opinion

Gutman v. Folsom

Appellate Terms of the Supreme Court of New York

Decided December 15, 1908PublishedCited by 2 opinions

Appeal by the defendant from a judgment entered in the City Court of the city of ¡New York, in favor of the plaintiffs, upon the verdict of a jury, and from an order denying a motion for a new trial.

1Opinion of the CourtMacLean, J.

For the plain and concise statement requisite, it is alleged that this action is for damages occurring February 5, 1905, by the percolation through the roof of water upon the goods'of the plaintiffs, occupying and having entered into the possession under a lease for one year from *305the first of February, 1906, of a loft on premises of which the defendant retained the care and possession of the roof, which it was his duty as landlord to keep in repair, but which he negligently and in violation of his duty permitted to become out of repair, and which he, upon being informed by the plaintiffs of…

2Cases cited4 opinions

  1. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  2. Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
  3. Harris v. . BurdettNew York Court of Appeals · 1878
  4. Pratt, Hurst & Co. v. TailerAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by2 opinions

  1. Gordon v. McAfeeCity of New York Municipal Court · 1945
  2. Graber v. BergmanAppellate Terms of the Supreme Court of New York · 1914

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