Legal Opinion

Yarslowitz v. Bienenstock

New York Supreme Court

Decided June 15, 1910Published

Action by Charles Yarslowitz against Moris Bienensto'clc. On demurrer to the complaint.

1Opinion of the CourtKelly, J.

The plaintiff complains that defendant employed him to work upon a building, representing himself to be the owner or concealing the fact that he was not the owner. The facts alleged in the complaint may be interpreted either way or both ways under the liberal rules applicable in case of demurrer.

Defendant told the plaintiff to go to his (defendant’s) foreman, and plaintiff never knew that he was working on a building owned by some one other than defendant until after his injury. In such case the defendant is liable in the same manner as though he were the principal, and the rule is applied in…

2Cases cited5 opinions

  1. Cobb v. . KnappNew York Court of Appeals · 1877
  2. Mahoney v. KentNew York Court of Common Pleas · 1894
  3. Malone v. MortonSupreme Court of Missouri · 1884
  4. Petrolia Manufacturing Co. v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1898
  5. Petrolia Mfg. Co. v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1898

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