Schick v. Fleischhauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Schick, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county .of Hew York on the 1st day of Hovember, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term sustaining the defendant’s demurrer to the plaintiff’s complaint on the ground that the complaint did not state facts sufficient to constituté a cause of action.
1Opinion of the Court
Rumsey, J.:
The complaint alleges, substantially, that the plaintiff was a tenant of certain apartments in a building owned by the defendant in the *211city of Hew York, and that on the 4th of June, 1897, she was injured by the falling of the ceiling in the apartments. The complaint further alleges that the agent of the defendant was aware of the condition of the premises; that before her term began he had promised the plaintiff, in behalf of the defendant, to repair the ceil-, ing and put it in á safe condition, and that,'relying upon such promise, she had renewed her lease of the said premises.…
2Cases cited6 opinions
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Myers v. . BurnsNew York Court of Appeals · 1866
- Witty v. . MatthewsNew York Court of Appeals · 1873
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- Flynn v. HattonNew York Court of Common Pleas · 1872
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3Cited by58 opinions
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- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
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