Noble v. Marx
New York Court of Appeals
I. The trial court erred in refusing to dismiss the complaint at the end of the plaintiffs’ case or at the close of the entire case. (Schick v. Fleischhauer, 26 App. Div. 210; Kushes v. Ginsberg, 99 App. Div. 417,188 N. Y. G30; Boden v. Scholtz, 101 App. Div. 1; Cuttings v. Goetz, 256 N. Y. 287; Kosior v. Pomrinse, 249 App.
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I. The trial court erred in refusing to dismiss the complaint at the end of the plaintiffs’ case or at the close of the entire case. (Schick v. Fleischhauer, 26 App. Div. 210; Kushes v. Ginsberg, 99 App. Div. 417,188 N. Y. G30; Boden v. Scholtz, 101 App. Div. 1; Cuttings v. Goetz, 256 N. Y. 287; Kosior v. Pomrinse, 249 App. Div. 196; Scudero v. Campbell, 288 N. Y. 328; Lafayette v. Weaver, 92 Ind. 477, Manderschild v. Dubuque, 29 la. 73; Perkins v. Bice, 187 Mass. 28; Readman v. Conway, 126 Mass. 374; Bruszacynaska v. Ruby, 267 App. Div. 539.; Rosenberg v. Kings Co. Sav. Bank, 270 App. Div.…
1Opinion of the CourtLewis, J.
A jury at Trial Term has awarded damages to the plaintiffs — husband and wife — for injuries sustained by the wife when her heel became lodged in a hole in the floor of an apartment owned by the defendant and occupied by the plaintiffs under a written lease. At the Appellate Division the judgment entered at Trial Term was affirmed, one Justice dissenting.
The original lease, which by a written renewal was effective at the time of the accident, contained the following provisions:
“ 7. That the Tenant shall and will keep said premises in good order.and repair during the term hereof and upon…
2Cases cited7 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Scudero v. CampbellNew York Court of Appeals · 1942
- Antonsen v. Bay Ridge Savings BankNew York Court of Appeals · 1944
- O'Flaherty v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Slattery v. Marra Bros., Inc. Marra Bros., Inc. v. Wm. Spencer & Son CorporationCourt of Appeals for the Second Circuit · 1951
- People v. ScottNew York Court of Appeals · 1970
- Coleman v. New York City Transit AuthorityNew York Court of Appeals · 1975
- De Clara v. Barber Steamship Lines, Inc.New York Court of Appeals · 1956
- Olivia v. GouzeAppellate Division of the Supreme Court of the State of New York · 1955
14 more not listed; retrieve them via the Exa API.