Paltey v. Egan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick B. Egan, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county, of Mew York on the 24th day of April, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of April, 1907, denying the said defendant’s motion for a new trial made upon the minutes.
1Dissent
Laughlin, J. (dissenting):
I am of opinion that the statute in question was intended to impose a liability for the benefit of a tenant or occupant of a building, as well as in behalf of an adjacent owner. The former statute* which has been superseded by the Building-Code of Hew York was declared to be remedial in its nature and it was liberally construed to impose a liability within the spirit but beyond the letter of the law. (Bernheimer v. Kilpatrick, 53. Hun, 316 ; affd., 127 N. Y. 672.) The Building Code of Hew York is entitled: “A Remedial Ordinance,” and section 2 thereof provides as…
2Cases cited4 opinions
- Dorrity v. . RappNew York Court of Appeals · 1878
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
- City of N.Y. v. . Trustees of the Sailors' Snug HarborNew York Court of Appeals · 1905
- Cohen v. SimmonsNew York Supreme Court · 1892