Legal Opinion

Ettlinger v. City of New York

Appellate Terms of the Supreme Court of New York

Decided March 15, 1908PublishedCited by 6 opinions

Appeal by the plaintiff from a judgment in favor of the defendant-, rendered in the Municipal Court of the city of Hew York, twelfth district, borough of Manhattan.

1Per curiam

The case came on for trial before the court and a jury, and upon plaintiff’s evidence alone the complaint was dismissed on the ground of a failure on the part of the plaintiff to prove notice to defendant of the defective condition of the water mains. On October 31, 1906, an overflow occurred at Ninety-eighth street and Broadway, which flooded the cellar of the apartment-house, No. 231 West Ninety-sixth street, in which plaintiff lived, to a depth of five feet and damaged some of plaintiff’s property which had lawfully been left in one- of the storage compartments in said cellar, for which…

2Cases cited2 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Jenney v. . City of BrooklynNew York Court of Appeals · 1890

3Cited by6 opinions

  1. Dobess Realty Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
  2. George Foltis, Inc. v. City of New YorkNew York Supreme Court · 1940
  3. City of Tallapoosa v. GoebelCourt of Appeals of Georgia · 1940
  4. Jennings Buick, Inc. v. City of CincinnatiOhio Supreme Court · 1978
  5. Simon v. City of New YorkAppellate Terms of the Supreme Court of New York · 1913

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