Kennedy v. Fay
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment dismissing the complaint, rendered by the Municipal Court of the city of New York, borough of Manhattan, upon a trial had before the court and a jury.
1Per curiam
The action is to recover damages for personal injuries claimed to have been received by the plaintiff from the fall of plaster in premises where she resided with her husband, who was in possession under a lease from the defendant.
When the plaintiff rested, the defendant moved for a dlamlpsal of the complaint, which motion was granted, and the plaintiff, by her appeal, challenges the correctness of the ruling. The record fails to disclose any proof whatever that the defendant agreed to repair the demised premises. Hence, he was under no legal obligation to repair the same or keep them in a…
2Cases cited3 opinions
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Wynne v. HaightAppellate Division of the Supreme Court of the State of New York · 1898
- Franz v. MulliganNew York Supreme Court · 1896
3Cited by1 opinion
- De Motte v. ArkellCalifornia Court of Appeal · 1926