Sledzinska v. Piller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Filler, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of said county on the 7th day of March, 1916, upon the verdict of a jury for $450, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
At 7:30 p. M. of March 2, 1915, the plaintiff, lessee of an apartment in defendant’s tenement house, had taken one step from the front stoop when she fell through an opening into the cellar. This opening was about 9 inches, or 1 foot, from the side of the house. The testimony of plaintiff and her daughter is that during the 11 months of their • tenancy the opening had been closed by a board covering, always in place until this night.
*193The plaintiff alleged both nuisance and negligence, but at the end of the proof the court, upon defendant’s motion, struck out the plea of nuisance…
2Cases cited2 opinions
- Idel v. . MitchellNew York Court of Appeals · 1899
- Maringer v. HillAppellate Division of the Supreme Court of the State of New York · 1911