Liebstadter v. Federgreen
New York Supreme Court
Action by Bernhard Liebstadter against Nathan Federgreen to recover damages for an assault. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtHerrick, J.
When the plaintiff hired the store of the defendant, he took that store as it had been theretofore used and occupied by the defendant himself. That gave him the right to the use of the cellar. The defendant, by surreptitiously and wrongfully barring plaintiff’s access to the cellar, did not thereby acquire a lawful possession thereof, within the meaning of Bristor v. Burr, 120 N. Y. 431, 24 N. E. 937, which would entitle him to resist with force and violence the efforts of the plaintiff to enter thereupon. The mere actual physical possession of premises by a person is not alone sufficient to…
2Cases cited1 opinion
- Bristor v. . BurrNew York Court of Appeals · 1890
3Cited by5 opinions
- Beck v. LibraroAppellate Division of the Supreme Court of the State of New York · 1927
- Brown v. YaspanAppellate Division of the Supreme Court of the State of New York · 1939
- Figueroa v. KirmayerAppellate Division of the Supreme Court of the State of New York · 1969
- Osias v. 21st Borden Corp.New York City Court · 1961
- People v. KnappAppellate Division of the Supreme Court of the State of New York · 1962