Fairchild v. Leo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John P. Leo, from an order of the Supreme Court, made at the New York Special Term, bearing date the 26th day of October, 1911, and entered in the office of the clerk of the county of New York, resettling an order bearing date the 14th day of October, 1911, and entered in said clerk’s office, denying the defendant’s motion for judgment on the pleadings.
1Opinion of the Court
Miller, J.:
The complaint alleges that the defendant was the owner and in control of a tenement house occupied by different tenants as a place of abode; that there were fire escapes in the rear of and appurtenant to said premises under the defendant’s charge, care and control; that in front of the apartment of one of the defendant’s tenants, which was on the second floor, rear, of said premises, there was a clothes dryer, attached to the rear wall in close proximity and partly attached to the fire escape, which was kept and maintained by the defendant and was under his direction and control;…
2Cases cited3 opinions
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Petty v. EmeryAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Cochran v. WyerNew York Supreme Court · 1952
- Rosado v. Perch Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Minnelli v. MarottaAppellate Division of the Supreme Court of the State of New York · 1925