Brugher v. Buchtenkirch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emily 'Brugher, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 14th day of December, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term.
1Opinion of the Court
O'Brien, J.:
After the jury was impaneled the defendant’s counsel made a motion to dismiss the complaint, which was granted. The question presented, therefore, is the same as it would be upon a demurrer to the complaint, involving a determination as to its sufficiency as stating a cause of action. The material allegations, summarized, are that the defendant was the owner of certain premises in East Eighty-fourth street in the city of Hew York, and that portions of the building erected thereon were let in flats or apartments to several tenants; that the halls and stairs in the building were a…
2Cases cited3 opinions
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Gorman v. WhiteAppellate Division of the Supreme Court of the State of New York · 1897
- Sunderlin v. HollisterAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Wool v. LarnerSupreme Court of Vermont · 1942
- Lyons v. LichOregon Supreme Court · 1933
- Caulfield v. SabaLouisiana Court of Appeal · 1932
- Brugher v. BuchtenkirchAppellate Division of the Supreme Court of the State of New York · 1899
- Hart v. SullivanAppellate Court of Illinois · 1944
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