Legal Opinion

Dittiger v. Isal Realty Corp.

New York Court of Appeals

Decided June 10, 1943PublishedCited by 46 opinions

1Opinion of the CourtDesmond, J.

Plaintiff’s intestate was employed by a painting contractor who had been engaged to decorate a vacant apartment in defendant’s building. Part of the plaster ceiling of the apartment fell on plaintiff’s intestate, injuring him. In this negligence action, the jury found a verdict against defendant but the Appellate Division reversed the judgment on the law, and dismissed the complaint. There was no testimony from either party as to the cause of the descent of the plaster and no showing of any prior actual or constructive notice to defendant, of any defect. No excuse or explanation was offered…

2Cases cited19 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
  3. Mullen v. . St. JohnNew York Court of Appeals · 1874
  4. Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
  5. Kowalsky v. Conreco CompanyNew York Court of Appeals · 1934

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3Cited by46 opinions

  1. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  2. Monroe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
  3. Weeden v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Thompson v. Burke Engineering Sales Co.Supreme Court of Iowa · 1960
  5. Backiel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2002

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