Legal Opinion

Finkelstein v. Schlanowsky

Appellate Terms of the Supreme Court of New York

Decided January 15, 1913Published

Appeal by plaintiff from a judgment of the Municipal Court of the city of Rew York, borough of Manhattan, second district, rendered in favor of the defendant and against the plaintiff after a trial before the justice and a jury.

1Opinion of the CourtGerard, J.

Action for personal injuries. Plaintiff’s husband is lessee from defendant lessor of a basement store with steps leading to the street. Plaintiff testified that while descending the steps, one of them broke, causing her to fall. Her husband testified that four or five weeks before the accident he called the landlord’s attention to this step which he says was then broken. There was evidence that there were ash barrels at the foot of the steps which the janitor of the building used for other tenants of the building. This was the third trial of this cause. At the first trial there was no…

2Cases cited2 opinions

  1. Finkelstein v. SchlanowskyAppellate Terms of the Supreme Court of New York · 1912
  2. Hamersmith v. CohnAppellate Terms of the Supreme Court of New York · 1911

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