Legal Opinion

Tannenbaum v. Lindenberg

Appellate Terms of the Supreme Court of New York

Decided December 15, 1918Published

Appeal by plaintiff from a judgment of the City Court of the city of New York in favor of defendant, dismissing the complaint at the close of plaintiff’s case, after trial before a jury.

1Opinion of the CourtMullan, J.

Plaintiff, a tenant in a tenement house, at about seven f. m. in the evening of October seventh, left her apartment, two flights above the ground floor, on her way to attend religious services. When she stepped into the hallway it was so dark she had to “ grope ” her way to the head of the stairs, guiding her footsteps by placing her hand on the balustrade. Beaching the stairs she proceeded downward, slowly, touching the balustrade at short intervals. When she had got down some steps she remembered that there was at that portion of the stairs “ a wider step.” She felt with her foot to…

2Cases cited3 opinions

  1. Sweet v. . PerkinsNew York Court of Appeals · 1909
  2. Horn v. BreakstoneCity of New York Municipal Court · 1912
  3. Maringer v. HillAppellate Division of the Supreme Court of the State of New York · 1911

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