Legal Opinion
Bernucci v. Marfre Holding Corp.
New York Supreme Court
Decided August 2, 1939PublishedCited by 4 opinions
1Opinion of the CourtBernstein, J.
There is convincing proof that the plaintiff’s intestate met his death as a result of his attempt to escape the *998fire in the premises owned by the defendant Marfre Holding Corporation and leased to and operated as a lodging house by the defendant Shannon. Faced with an emergency, his jumping from his second-floor room to the street below was an instinctive choice of hazards which represented the exercise of his best judgment, and which cannot be deemed contributory negligence, even if he erred in his choice. (Lowery v. Manhattan Ry. Co., 99 N. Y. 158; Kolanka v. Erie R. R. Co., 215 App. Div.…
2Cases cited7 opinions
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Sullivan v. New York United Realty Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Kolanka v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1925
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. KolibasNew Jersey Superior Court Appellate Division · 1962
- Hunt v. Unity Life & Accident Insurance Ass'nCity of New York Municipal Court · 1956
- Aiken v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- City of New York v. Smart Apartments LLCNew York Supreme Court · 2013