Legal Opinion

Roche v. 135 W. 17th Street Corp.

City of New York Municipal Court

Decided February 8, 1962Published

1Opinion of the CourtBeexabd Weiss, J.

This action was tried before the court without a jury. Findings of fact and conclusions of law were waived.

Plaintiff was injured on July 7, 1958, at about 8:30 a.m., on the sixth (top) floor of 141 West 17th Street, Manhattan, when an extremely heavy cabinet which he was moving with the assistance of two other men went through the allegedly defective wooden floor. This action was instituted against 135 West 17th Street Corp., which was never served, and defendant 141 West 17th Street Corp., whose answer, in effect, puts in issue possession, operation and control of the premises where the…

2Cases cited6 opinions

  1. Marks v. Nambil Realty Co., Inc.New York Court of Appeals · 1927
  2. Dick v. Sunbright Steam Laundry Corp.New York Court of Appeals · 1954
  3. Szczepkowicz v. Khelshek Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Gerber v. Seaich Realty Co.Appellate Division of the Supreme Court of the State of New York · 1940
  5. Senk v. City Bank Farmers Trust Co.Court of Appeals for the Second Circuit · 1940

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