Pratt, Hurst Co. v. . Tailer
New York Court of Appeals
Appeal by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart-meat, entered July 12, 1906, which reversed an interlocutory judgment of Special Term overruling plaintiff’s demurrer to the second separate defense of the answer, sustaining defendants’ demurrer to the second cause of action stated in the complaint and dismissing the complaint.
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Appeal by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart-meat, entered July 12, 1906, which reversed an interlocutory judgment of Special Term overruling plaintiff’s demurrer to the second separate defense of the answer, sustaining defendants’ demurrer to the second cause of action stated in the complaint and dismissing the complaint. The following questions were certified : “ 1. Hoes the second cause of action set forth in the complaint herein state fácts sufficient to constitute a cause of action ? “ 2. Is the second separate defense…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff corporation is a tenant of a loft in a building of which the defendants are landlords. In this suit the plaintiff seeks to recover the loss which it has sustained by reason of the leakage of water through the roof of the building, whereby its goods were damaged. In the first cause of action set out in the complaint it is alleged that the building was six stories high, and that each loft was separately leased and occupied by a separate tenant; that the elevators, stairs, hallways and roof remained in the possession of the landlords, and that the landlords, without the knowledge…
2Cited by11 opinions
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Freddi-Gail, Inc. v. Royal Holding Corp.New Jersey Superior Court Appellate Division · 1955
- Jersey Silk & Lace Stores, Inc. v. Best Silk Shops, Ltd.City of New York Municipal Court · 1929
- Levy v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1909
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