Doremus v. Auerbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur Leopold Auerbach and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of December, 1915, as amended by an order entered in said clerk’s office on the 17th day of December, 1915, upon the verdict of a jury for $6,000, and also from orders entered in said clerk’s office on the 16th and 17th days of December, 1915, respectively, denying the…
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Appeal by the defendants, Arthur Leopold Auerbach and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of December, 1915, as amended by an order entered in said clerk’s office on the 17th day of December, 1915, upon the verdict of a jury for $6,000, and also from orders entered in said clerk’s office on the 16th and 17th days of December, 1915, respectively, denying the separate -motions of the appellants for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The action is for damages for the death of plaintiff’s intestate, caused, as it is alleged, by the negligence of appellants. The defendants Auerbach, as owners, were erecting a large building on Eleventh avenue, Forty-sixth and Forty-seventh streets in the city of New York. They were erecting the building in two sections, one section having been completed and partly occupied at the time of the accident. The uncompleted section, within which the accident occurred, was separated from the completed portion by a temporary wall of terra cotta with openings into the completed section at…
2Cases cited2 opinions
- Joyce v. Convent Avenue Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Murphy v. AltmanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- Caspersen v. La Sala Bros.New York Court of Appeals · 1930
- Olsen v. StateAppellate Division of the Supreme Court of the State of New York · 1968
- Ambrose v. AllenCalifornia Court of Appeal · 1931
- Hicks v. GoodmanSupreme Court of Iowa · 1957
- Kagan v. EisenstadtDistrict Court of Appeal of Florida · 1957
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