Legal Opinion
Gillen v. Home Owners' Loan Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1938PublishedCited by 2 opinions
1Opinion of the CourtDavis, J.
The complaint states a cause of action against the defendant for negligence resulting in personal injuries. The plaintiff is a tenant of the property owned, managed and leased by the defendant. Appearing specially, the defendant moved to dismiss the complaint on the sole ground that it is immune from liability in tort as an instrumentality of the government of the United States.' The motion was denied.
It is not disputed that the defendant, created by the “ Home Owners’- Loan Act of 1933,” is “ an instrumentality of the United Statesl ” (U. S. ,C°cb) tit. 12, § 1463, subd. [a]) and that the…
2Cases cited10 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Federal Land Bank v. PriddySupreme Court of the United States · 1935
- Standard Oil Co. of NJ v. United StatesSupreme Court of the United States · 1925
- United States v. StrangSupreme Court of the United States · 1921
- O'Brien v. Town of GreenburghNew York Court of Appeals · 1935
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Home Owners Loan Corp. v. BrazzealCourt of Appeals of Georgia · 1940
- Gillen v. Home Owners' Loan Corp.Appellate Division of the Supreme Court of the State of New York · 1939