Levy v. Roosevelt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Morris Levy and another’, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 19th day of Movember, 1908, pursuant to an order made at the Mew York Special Term and entered in said clerk’s office on the 13th day of Movember, 1908, dismissing the complaint and granting judgment upon the pleadings, and also from the said order upon which such judgment was granted.
1Opinion of the Court
Houghton, J.:
The plaintiffs served their complaint and the defendants their answer, and thereafter pursuant to the permission granted by section 547 of the Code of Civil Procedure, the defendants moved for judgment in their favor on the pleadings on the ground that the complaint failed to state facts sufficient to constitute a cause of action, and such motion was granted.
The plaintiffs were tenants of the fifth floor of a business building and the defendants were their landlords. The plaintiffs’ lease was in writing, and the complaint alleges that it provided that in case of fire the tenants…
2Cases cited9 opinions
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Cook v. . SouleNew York Court of Appeals · 1874
- O'Rourke v. FeistAppellate Division of the Supreme Court of the State of New York · 1899
- Blumenthal v. PrescottAppellate Division of the Supreme Court of the State of New York · 1902
- Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Alfred Peats Co. v. BradleyAppellate Division of the Supreme Court of the State of New York · 1915
- Jersey Silk & Lace Stores, Inc. v. Best Silk Shops, Ltd.City of New York Municipal Court · 1929
- Security Mortgage Co. v. KallisAppellate Terms of the Supreme Court of New York · 1918
- Kuperschmid v. TauszigAppellate Terms of the Supreme Court of New York · 1925
- Rohman v. BuntAppellate Terms of the Supreme Court of New York · 1910