Legal Opinion

Quinn v. FitzGerald

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

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the defendant, Mary A. FitzGerald, from an order of the Supreme Court, made at the New York Special Term and •entered in the office of the clerk of the county of New York on the llth day of May, 1903, denying the defendant’s motion that the complaint be stricken out and dismissed, or the case stricken from the calendar and the trial of the issues stayed on account of plaintiffs failure to comply with a previous order for a bill of particulars.

1Opinion of the Court

Laughlin, J.:

The action is brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the defend*540ant’s negligence. The plaintiff alleges that she visited an office on the second floor of an office building owned by the defendant, and while “ returning from said office and about to descend the flight of stairs, by reason of certain mats, carpets, coverings and floor-being torn up and in a loose and defective and dangerous condition,, she caught her foot in said mats, carpets, coverings, staircases and floor, and was tripped and caused to be suddenly…

2Cited by2 opinions

  1. Sammons v. MahernNew York Supreme Court · 1955
  2. Kupferman v. BatchelorAppellate Terms of the Supreme Court of New York · 1914

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