Rockowitz v. Siegel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Bookowitz, an infant, from an order of the Supreme Court, made at the New York Special Term and entered hi the office of the clerk of the county of New York on the 27th day of May, 1912, denying the plaintiff’s motion to strike out an answer as sham or to have the same made more definite and certain.
1Opinion of the Court
Scott, J.:
The action is against the lessees of a building, of which they rented out portions to various tenants, reserving to themselves, as it is alleged, the vestibules, halls, lobbies and staircases which were used in common by all the tenants and other persons. The plaintiff was injured, as it is said, by reason of the defective condition of one of the public staircases.
Although the plaintiff moved to strike out the whole answer, it appears by. the brief of her guardian that her motion is intended particularly to be addressed to the defendant’s attempted denial of paragraphs 4 and 6 of…
2Cases cited2 opinions
- Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
- Hopkins v. MeyerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- National Millwork Corp. v. Preferred Mut. F. Ins. Co.District Court, E.D. New York · 1939
- Cook v. BroughtonAppellate Division of the Supreme Court of the State of New York · 1918