Legal Opinion

Paltey v. Egan

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1909PublishedCited by 1 opinion

Appeal by the plaintiffs, Adolph Paltey and another, from a judgment of the Supreme Court in favor of the defendant Patrick B. Egan, entered in the office of the clerk of the county of Hew York on the 17th day of June, 1908, upon'.the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, the verdict of a jury in favor of the plaintiffs against the said defendant having been set aside by the court. . ,

1Opinion of the Court

Houghton, J.:

On a former trial plaintiffs recovered a verdict against the defendant for injury to their merchandise on. the announced theory of a violation of the provisions of the Building Code in causing an excavation more than ten feet below the curb line. This court held that the action was not maintainable on that theory. (122 App. Div. 512.)

The complaint contains appropriate allegations in negligence and the present trial was, had upon that theory. The jury rendered a verdict in plaintiffs’ favor. By consent the court reserved decision upon the motion- to dismiss the complaint until the…

2Cases cited1 opinion

  1. Paltey v. EganAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. Hyman v. BarrettAppellate Division of the Supreme Court of the State of New York · 1915

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