Legal Opinion

Keating v. Mott

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 4 opinions

Appeal by the defendant, John L. B. Mott, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of October, 1902, upon the verdict of a jury for §1,500, and also from an order entered in said clerk’s office on the 17th day of November, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

The plaintiff was a tenant occupying rooms on the second floor of a tenement house, known as No. 445 West Thirty-ninth- street, in the city of New. York, and she alleged in her complaint that she sustained injuries on such premises through the neglect of the defendant to maintain in a safe condition the lower hallway thereof. A question arose on the trial as to the necessity of the plaintiff proving under the pleadings the ownership of the premises. It is alleged in the complaint that at all times thereinafter mentioned the defendant was the owner of that house. The answer…

2Cases cited3 opinions

  1. Dollard v. . RobertsNew York Court of Appeals · 1891
  2. Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
  3. Kenney v. . RhinelanderNew York Court of Appeals · 1900

3Cited by4 opinions

  1. Hill v. RaymondCourt of Appeals for the D.C. Circuit · 1935
  2. Richards v. OlsenAppellate Division of the Supreme Court of the State of New York · 1940
  3. Domush v. AbrahamAppellate Terms of the Supreme Court of New York · 1914
  4. Sadowsky v. LevineDistrict Court of Appeal of Florida · 1961

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