Brugher v. Buchtenkirch
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Emily Brugher against Herman Buehtenkirch. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
After the jury was impaneled, the defendant’s counsel made a motion to dismiss the complaint, which was granted. The question- presented, therefore, is the same as it would be upon a demurrer to the complaint, involving a determination as to its sufficiency as stating a cause of action. The material allegations, summarized, are that the defendant was the owner of certain premises in East Eighty-Fourth street, in the city of New York, and that portions of the building erected thereon were let in flats or apartments to several tenants; that the halls and stairs In the building were a common…
2Cases cited4 opinions
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Gorman v. WhiteAppellate Division of the Supreme Court of the State of New York · 1897
- Sunderlin v. HollisterAppellate Division of the Supreme Court of the State of New York · 1896
- Jucht v. BehrensNew York City Court · 1889
3Cited by2 opinions
- Gibson v. HoppmanSupreme Court of Connecticut · 1928
- Hart v. SullivanAppellate Court of Illinois · 1944