Batton v. Elghanayan

Cooke, J. (dissenting).

I dissent and vote to uphold the determinations of the majority of the Appellate Division and that of the trial court that the insufficiency of plaintiff’s proof required dismissal of the complaint at the close of her case.

Although notice would not be an essential element of a cause of action when the hazardous condition, such as a defect in workmanship, had been created by a defendant, or by his agent or employee whose conduct and knowledge are imputable to him,1 common-law liability may generally not be imposed upon a landlord for such a condition existing in the…