Legal Opinion

O'Rourke v. Feist

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

Decided June 15, 1899PublishedCited by 17 opinions

Appeal by the defendant, Simon Feist, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 7th day of October, 1898, affirming a judgment of the Municipal Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of the Municipal Court of the city of Hew York on the 24th day of March, 1898, and also (as stated in the notice of appeal) from a judgment of the Appellate…

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Appeal by the defendant, Simon Feist, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Hew York on the 7th day of October, 1898, affirming a judgment of the Municipal Court of the city of Hew York in favor of the plaintiff, entered in the office of the clerk of the Municipal Court of the city of Hew York on the 24th day of March, 1898, and also (as stated in the notice of appeal) from a judgment of the Appellate Term of the Supreme Court, entered in the office of- the clerk of .the county of Hew York on the 17th day of Hovember,…

1Opinion of the Court

Van Brunt, P. J.:

This action Was brought in the; Municipal Court of the city of Hew York to recover damages alleged to have beeu sustained by the plaintiff in consequence of tile defendant failing to properly maintain the roof over an apartment house situated at Ho. 687 Amsterdam avenue, a portion of' which was being .occupied by the plaintiff and her family. The plaintiff having recovered judgment, an appeal was taken therefrom to the Appellate Term, which court, having affirmed the judgment, allowed an appeal to .this *137court upon condition that no question be argued except the following :…

2Cases cited1 opinion

  1. Berg v. . ParsonsNew York Court of Appeals · 1898

3Cited by17 opinions

  1. Hyman v. . BarrettNew York Court of Appeals · 1918
  2. Medley v. Trenton Investment Co.Wisconsin Supreme Court · 1931
  3. May v. 11½ East 49th Street Co.Appellate Division of the Supreme Court of the State of New York · 1945
  4. Stewart v. HuffIndiana Court of Appeals · 1938
  5. Huckins Hotel Co. v. ClampittSupreme Court of Oklahoma · 1924

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