Legal Opinion

Weber v. Lieberman

Appellate Terms of the Supreme Court of New York

Decided June 15, 1905PublishedCited by 6 opinions

Appeal by the defendant from a judgment in favor of the plaintiff entered in the Oity Court of the city of Eew York, after a trial before the court and a jury, and also from an order denying defendant’s motion for a new trial.

1Opinion of the CourtTruax, J.

Defendant was the lessee of the store and part of a basement underneath the same at 521 Eighth avenue in this city. The store was a dry goods store, occupied by the defendant, having a show window. The defendant had sublet the basement. Just below the show window, and forming a part of the sidewalk, was an iron grating three feet wide and about six feet long, used for lighting the basement. The lease between the landlord and the defendant was silent as to who should .make the necessary repairs to the premises. Attracted by the defendant’s display of goods in the window, the plaintiff stepped…

2Cases cited3 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  3. Hirschfield v. AlsbergAppellate Terms of the Supreme Court of New York · 1905

3Cited by6 opinions

  1. Anderson v. McCarthy Dry Goods Co.Washington Supreme Court · 1908
  2. Burke v. StateNew York Court of Claims · 1909
  3. Wallace v. United StatesDistrict Court, W.D. Washington · 1926
  4. George Foltis, Inc. v. City of New YorkNew York Supreme Court · 1940
  5. Clarke v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1926

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