Legal Opinion

Rivera v. City of Amsterdam

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1958PublishedCited by 8 opinions

1Opinion of the CourtBebgan, J.

In a fire on February 1,1955 which swept through a multiple residence in which they lived in Amsterdam, the plaintiff’s intestates and others lost their lives. The action is against the city and the owner of the building and has been dismissed at the end of plaintiff’s proof.

The theory of action against the city is that the fire of February 1,1955 was caused by a defective oil heater; that the city had knowledge six weeks earlier that the oil heater was defective and failed to follow up its knowledge to require correction of the defect or prevent the use of the heater; and that this failure…

2Cases cited4 opinions

  1. Steitz v. City of BeaconNew York Court of Appeals · 1945
  2. Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
  3. Murrain v. Wilson Line, Inc.New York Court of Appeals · 1947
  4. Landby v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1951

3Cited by8 opinions

  1. Adams v. StateAlaska Supreme Court · 1976
  2. Campbell v. City of BellevueWashington Supreme Court · 1975
  3. Duran v. City of TucsonCourt of Appeals of Arizona · 1973
  4. Forestview Homeowners Ass'n v. County of CookAppellate Court of Illinois · 1974
  5. Adams v. StateAlaska Supreme Court · 1976

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