Legal Opinion
Kaplan v. Coulston
Civil Court of the City of New York
Decided February 27, 1976PublishedCited by 15 opinions
1Opinion of the CourtDavid Levy, J.
This is a motion by plaintiffs to amend their complaint pursuant to CPLR 3025 to assert an additional cause of action. In the original complaint plaintiff, Lena Kaplan, and her husband, Max Kaplan, tenants, sought damages allegedly incurred as a result of the negligence of the landlord when a kitchen cabinet in the apartment fell and struck and injured Lena Kaplan. Plaintiffs claimed actual and constructive notice to the landlord.
Plaintiff seeks to add a cause of action for damages based upon the breach by the landlord of an implied warranty of habitability. Such a cause of action seems to be…
2Cases cited10 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- East Asiatic Co. v. CorashAppellate Division of the Supreme Court of the State of New York · 1970
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Becker v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Emigrant Industrial Savings Bank v. One Hundred Eight West Forty Ninth Street Corp.Appellate Division of the Supreme Court of the State of New York · 1938
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Simon v. SolomonMassachusetts Supreme Judicial Court · 1982
- Peterson v. Superior CourtCalifornia Supreme Court · 1995
- Curry v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Segal v. Justice Court Mutual Housing Cooperative, Inc.Civil Court of the City of New York · 1980
- Mahlmann v. YelvertonCivil Court of the City of New York · 1980
10 more not listed; retrieve them via the Exa API.