Legal Opinion

Mustavoi v. St. John Baptist Foundation

Appellate Terms of the Supreme Court of New York

Decided May 4, 1916Published

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Sonia Mustavoi against the St. John the Baptist Foundation. From a judgment dismissing the complaint at end of plaintiff’s case, she appeals. Judgment reversed, and new trial ordered.

1Opinion of the CourtCohalan, J.

This action was brought to recover damages for personal injuries. On the 2d of June, 1915, the plaintiff, a tenant in the tenement house of the defendant, attempted to descend a flight of stairs therein, and fell down 16 steps, in consequence of which she sustained certain severe injuries. At the time of the accident she held an infant in her right arm, had her left hand on the banister, and was proceeding from the third to the second floor. Although it was in the evening, there was no light burning in the hallway, in violation of section 76 of the Tenement House Law.

[1] The failure to comply…

2Cases cited3 opinions

  1. Bornstein v. FadenAppellate Division of the Supreme Court of the State of New York · 1912
  2. Schindler v. Welz & ZerweckAppellate Division of the Supreme Court of the State of New York · 1911
  3. Kenny v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898

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