Cohn v. Graber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William I. Cohn and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of May, 1921, overruling plaintiffs’ demurrer to a separate defense in the answer.
1Opinion of the Court
Clarke, P. J.:
I think the complaint is defective in that its allegations are in the alternative, namely, that the damage complained of was due solely to the carelessness and negligence of the defendant, in that he caused or allowed and permitted the sprinkler system upon the premises to become, be and remain out of repair and in a defective and imperfect condition, and caused or allowed and permitted the same to be so operated and controlled as to cause water to issue and escape therefrom upon merchandise belonging to plaintiffs; which results in no allegation whatever. A bad answer is good…
Also in this document: Concurrence.
2Cases cited6 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Roche v. SawyerMassachusetts Supreme Judicial Court · 1900
- Drescher Rothberg Co. v. LandekerAppellate Terms of the Supreme Court of New York · 1913
- Eugene C. Lewis Co. v. Metropolitan Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Eugene C. Lewis Company v. . Metropolitan Realty CompanyNew York Court of Appeals · 1907
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