Legal Opinion
Botwin v. Rothkopf Realty Co.
Appellate Terms of the Supreme Court of New York
Decided April 28, 1926PublishedCited by 5 opinions
1Per curiam
Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellants to "abide the event.
It was error to dismiss the complaint as the plaintiffs had made out a prima jade case. While a landlord who is not obligated to *16make repairs is not liable to a tenant except for active negligence in the making of them if he voluntarily undertakes the work (Wynne v. Haight, 27 App. Div. 7; Lipschitz v. Rapaport, 133 N. Y. Supp. 385; Schatzky v. Harber, 164 id. 610; Marston v. Frisbie, 168 App. Div. 666), he is liable where he rents the premises to different tenants and…
2Cases cited6 opinions
- Wynne v. HaightAppellate Division of the Supreme Court of the State of New York · 1898
- Marston v. FrisbieAppellate Division of the Supreme Court of the State of New York · 1915
- Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
- Garrity v. PropperAppellate Division of the Supreme Court of the State of New York · 1924
- Lipschitz v. RapaportAppellate Terms of the Supreme Court of New York · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Daltex Inc. v. WESTERN OIL & FUEL COMPANYSupreme Court of Minnesota · 1967
- Parker v. Jenkins, New York County Courts1930
- Par-X Uniform Service Corp. v. Emigrant Industrial Savings BankNew York Supreme Court · 1944
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932