Savarese v. Frankel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Frankel, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1908, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 4th day of May, 1908, denying the defendant's motion for a new trial made upon minutes.
1Opinion of the Court
Scott, J.:
The plaintiff sued for injuries from a fall -upon ice which had been permitted to accumulate in the public hallway of the tenement house: in which she lived. The cause of the action was based solely upon the alleged negligence, of defendant, who was charged as owner ■ of the premises. He- defended upon the ground that some months prior to the accident he had leased the whole premises-to another. It was claimed by plaintiff that the alleged lease was sham and a mere device to relieve defendant from liability, and the question thus' raised was the one principally litigated upon the…
2Cases cited2 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Furst v. ZuckerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Harris v. WatersNew York Supreme Court · 1920