Legal Opinion

Rubin v. Maas

Appellate Terms of the Supreme Court of New York

Decided June 18, 1914PublishedCited by 1 opinion

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Dora Rubin against Morris Maas. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtBijur, J.

Defendant was the lessee of a building. Plaintiff, learning that her child was playing in the cellar of the building, descended some steps leading from the street to bring the child back. In doing so she stepped into a hole in one of the steps and was injured. As plaintiff was a mere trespasser, and as it was not shown that even gratuitous permission to enter on the premises had been given by the defendant, defendant owed her no obligation whatsoever. See Fox v. Warner, etc., Co., 204 N. Y. 240, 97 N. E. 497, 38 L. R. A. (N. S.) 395, Ann. Cas. 1913C, 842. Under the circumstances of this case…

2Cases cited1 opinion

  1. Fox v. . Warner-Quinlan Asphalt Co.New York Court of Appeals · 1912

3Cited by1 opinion

  1. Fagan v. BishopAppellate Division of the Supreme Court of the State of New York · 1917

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