Ducker v. Del Genovese
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maria E. Duclcer, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 2d day of July, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the defendant’s demurrer to the second cause of action set forth in the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.:
The complaint attempts to set forth two causes of action, one for rent and the other for damages alleged to have been sustained by *576reason of the collapse and. total destruction of the building upon the premises, which the plaintiff had leased to the' defendant. The defendant demurs to the second cause of action on the ground that it does not state facts sufficient to constitute a cause of action, in that it fails to allege that the building collapsed through any fault of the defendant. The demurrer was sustained at Special Term, and appeal comes to this court, the question of law…
2Cases cited5 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Given v. HiltonSupreme Court of the United States · 1877
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- In Re the Final Judicial Settlement of the Accounts of ReynoldsNew York Court of Appeals · 1891
- Belden v. BurkeNew York Supreme Court · 1893
3Cited by9 opinions
- Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
- City of New York v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Holden v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1924
- Street v. Central Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Refrigeration for Science, Inc. v. Deacon Realty Corp.New York Supreme Court · 1972
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