Junkermann v. . Tilyou Realty Co.
New York Court of Appeals
Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14, 1914, upon a order reversing a judgment in favor of plaintiff against the defendant, appellant, and as to that defendant directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14, 1914, upon a order reversing a judgment in favor of plaintiff against the defendant, appellant, and as to that defendant directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The walk fell through a defective condition which existed during the occupancy of Samuel Jankelson and of which he either knew or- ought in the exercise of reasonable diligence to have known. (Fox v. Buffalo Park,…
1Opinion of the CourtCardozo, J.
In January, 1911, the Tilyou Realty Company leased to Samuel Jankelson for fifteen years an amusement park, with its pavilions and other fixtures, at Rockaway Beach. The park was laid out with streets, and included a hoard walk about 2,000 feet long. This board walk was built upon piles which were driven into the sand. The tenant Jankelson agreed in the lease not to use the premises for any other business than that which was then conducted there, or one substantially the same. He also agreed that the walks and streets would be kept clear and open as"thoroughfares. Four months later, on April…
2Cases cited19 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
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3Cited by71 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Kilmer v. WhiteNew York Court of Appeals · 1930
- Whalen v. ShivekMassachusetts Supreme Judicial Court · 1950
66 more not listed; retrieve them via the Exa API.