Frank v. Mandel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel Handel and others, composing; the firm of S. Handel & Oo., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the-clerk of the county of Kings on the 13th day of December, 1901, upon the decision of the court, rendered after a trial at the Kings. Count'’ Special Term, overruling a demurrer to the complaint.
1Opinion of the Court
Hirschberg, J.;
The complaint in this case fails to state sufficient facts to constitute a cause of action, and the demurrer should have been sustained..
The action is brought to recover damages for personal injuries-resulting from alleged negligence by a guest or inmate of a tenant’s, family against the landlords who have covenanted to keep the-demised premises in repair, and who have reserved the right to enter the rented apartments for that purpose. The apartments comprise a portion of a tenement house in the borough of Hanhattan, and the complaint alleges that the defendants, the…
2Cases cited19 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Sage v. . CulverNew York Court of Appeals · 1895
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Council v. Dickerson's, Inc.Supreme Court of North Carolina · 1951
- Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
- Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
- Ross v. HanerTexas Commission of Appeals · 1924
21 more not listed; retrieve them via the Exa API.