Legal Opinion

Wolf v. Kaufmann

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1929PublishedCited by 10 opinions

1Opinion of the CourtFinch, J.

The defendants appeal from an order setting aside the verdict of a jury in their favor and granting a new trial. The order should be reversed in so far as it grants a new trial, and the complaint dismissed, upon the ground that, assuming the existence of all the facts claimed by the plaintiff upon the trial, no cause of action exists against the defendants.

The action is in negligence to recover damages for the death of plaintiff’s intestate. The plaintiff’s cause of action is based upon the fact that the deceased was found injured and unconscious at the foot of a flight of stairs in premises…

2Cases cited3 opinions

  1. Needle v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1929
  2. Bornstein v. FadenAppellate Division of the Supreme Court of the State of New York · 1912
  3. Bornstein v. . FadenNew York Court of Appeals · 1913

3Cited by10 opinions

  1. Zuchowicz v. United StatesCourt of Appeals for the Second Circuit · 1998
  2. McGowan v. City of Los AngelesCalifornia Court of Appeal · 1950
  3. Estate of Gustafson Ex Rel. Reginella v. Target Corp.Court of Appeals for the Second Circuit · 2016
  4. Union Mut. Fire Ins. Co. v. Ace Caribbean Mkt.Court of Appeals for the Second Circuit · 2023
  5. Muckler v. BuchlSupreme Court of Minnesota · 1967

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