Legal Opinion

Schwartz v. Monday

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906PublishedCited by 2 opinions

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, fifth district, borough of Manhattan, rendered in favor of the plaintiff.

1Opinion of the CourtGreenbaum, J.

The only testimony, hearing on the defendant’s knowledge of the defective condition of the roof where the accident resulting in plaintiff’s injuries occurred, is that of the plaintiff’s son-in-law. This witness testifies that, two or three weeks prior to the date of the accident, some slats on the roof were loose and that he notified defendant of the fact. He fails, however, to indicate the part of the roof where he found the loose slats, or to identify the particular slat which caused the accident as one of those to which he called defendant’s attention, .though he was at the scene of the…

2Cases cited2 opinions

  1. Dollard v. . RobertsNew York Court of Appeals · 1891
  2. Alperin v. EarleNew York Supreme Court · 1889

3Cited by2 opinions

  1. Clifton v. Mackauf, New York County Courts1914
  2. Clifton v. MackaufNew York Supreme Court · 1914

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