Sterger v. . Van Sicklen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 10, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, and also affirmed an order denying a motion for a new trial. By this action the plaintiff seeks to recover damages for injuries sustained under the following circumstances: On the afternoon of June 20, 1886, while descending the steps leading from the ground to the rear stoop of the premises known as FTo. 68 Schenck avenue, Brooklyn, a step broke,…
1Opinion of the CourtParker, J.
We are of the opinion that the evidence does not permit a recovery.
27o contractural relation exists between the plaintiff and defendant. The covenant of the landlord to repair does not inure to the benefit of a stranger sustaining injury because of its breach. (Odell v. Solomon, 99 N. Y. 635.)
But when the occasion of the injury constitutes a nuisance as to the party complaining, then a landlord may be charger able in damages on the ground that he maintains a nuisance, where the contract of letting contains a covenant authorizing him to re-enter for the purpose of making repairs. (Ahern v.…
2Cases cited7 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Swords v. . EdgarNew York Court of Appeals · 1874
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Clancy v. . ByrneNew York Court of Appeals · 1874
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3Cited by55 opinions
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- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
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