McCluskey v. Wile
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Belle B. Wile, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew York on the 19th day of December, 1910, upon the decision of the court, rendered after a trial at the. Yew York Special Term, sustaining the plaintiff’s demurrer to a separate defense setting up the Statute of Limitations.
1Opinion of the Court
Miller, J.:
If the action is for negligence the Statute of Limitations is well pleaded. The respondent, however, asserts that the complaint sets forth a cause of action for nuisance. It is alleged that the defendant, the owner of an apartment house in which the plaintiff resided, “unlawfully, negligently and carelessly permitted a certain dog, the property of one of the tenants in said premises, to lie and remain about the hallways, lobbies and staircases of said premises, so as to be dangerous to the life and limb of persons traversing the said. hallways, lob*472bies and staircases, and .to…
2Cases cited3 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
- Hayes v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1910
3Cited by7 opinions
- Belmont v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- People v. High Ground Dairy Co.Appellate Division of the Supreme Court of the State of New York · 1915
- De Moll v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- 980 Fifth Avenue Corp. v. SmithAppellate Division of the Supreme Court of the State of New York · 2002
- Fedick v. FentonNew York Supreme Court · 1938
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