Legal Opinion

Frank v. Mandel

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 26 opinions

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

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Sage v. . CulverNew York Court of Appeals · 1895
  3. Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
  4. Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
  5. 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

  1. Cullings v. GoetzNew York Court of Appeals · 1931
  2. Council v. Dickerson's, Inc.Supreme Court of North Carolina · 1951
  3. Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
  4. Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
  5. Ross v. HanerTexas Commission of Appeals · 1924

21 more not listed; retrieve them via the Exa API.

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