Legal Opinion

Barker v. Gibralter Credit Corp.

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

Decided November 15, 1931PublishedCited by 1 opinion

1Opinion of the Court

Order denying motion to dismiss complaint for insufficiency reversed upon the law, with ten dollars costs and disbursements, and motion granted, without costs, with leave to plaintiff to plead anew within twenty days upon paying said costs. We are of opinion that the allegation that plaintiff was “ lawfully ” upon the premises of the appellants *774is insufficient to charge the appealing defendants with any duty in the absence of allegations of fact showing by what right plaintiff was on the said premises, whether as a tenant or an invitee or in such manner as the fact may be. (Minnelli v.…

2Cases cited1 opinion

  1. Minnelli v. MarottaAppellate Division of the Supreme Court of the State of New York · 1925

3Cited by1 opinion

  1. Bienenfeld v. Mortgage CommissionCity of New York Municipal Court · 1936

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