Margolius v. Muldberg
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Pincus Margolius against Morris Muldberg. From a Municipal Court order granting a new trial after dismissal of the complaint for failure of proof, defendant appeals. Reversed.
1Opinion of the CourtMacLEAN, J.
The plaintiff, a subtenant under a lessee of, and in possession of, certain premises of the defendant,* brought this action to recover for alleged damages to his goods from rain water coming through the roof of the extension, of which he was the sole occupant. His complaint was dismissed when he rested, and rightly, because the owner, in the absence of contractual relation, was under no obligation to keep in repair the particular roof of a part, not for the protection of the tenants generally, but solely for the plaintiff (Lichtig v. Poundt, 23 Misc. Rep. 632, 52 N. Y. Supp. 136), and because…
2Cases cited3 opinions
- Reiner v. JonesAppellate Division of the Supreme Court of the State of New York · 1899
- Lichtig v. PoundtAppellate Terms of the Supreme Court of New York · 1898
- Reiner v. JonesAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Guynn v. Tremont Hotel Co.Indiana Court of Appeals · 1921
- Alfred Peats Co. v. BradleyNew York Supreme Court · 1914