Legal Opinion

Frank v. Mandel

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

Decided November 21, 1902PublishedCited by 6 opinions

Appeal from special term, Kings county. Action by Hellen Frank against Samuel Mandel and others. From a judgment overruling a demurrer to the complaint, defendants appeal

1Opinion of the CourtHirschberg, J.

The complaint in this case fails to state sufficient facts to constitute a cause of action, and the demurrer, should have been sustained. The action is brought to recover damages for personal injuries resulting from alleged negligence by a guest or inmate of a tenant’s family against the landlords, who have covenanted to keep the demised premises in repair, and who have reserved the right to enter the rented apartments for that purpose. The apartments comprise a portion of a tenement house in the borough of Manhattan, and the complaint alleges that the defendants, the landlords, reside in the…

2Cases cited23 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Sage v. . CulverNew York Court of Appeals · 1895
  3. Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
  4. Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
  5. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899

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3Cited by6 opinions

  1. Council v. Dickerson's, Inc.Supreme Court of North Carolina · 1951
  2. Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
  3. Glynn v. Lyceum Theatre Co.Supreme Court of Connecticut · 1913
  4. Ross v. HanerTexas Commission of Appeals · 1924
  5. Goluback v. AlmodoAppellate Division of the Supreme Court of the State of New York · 1903

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