Altz v. . Leiberson
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The complaint should have been dismissed because it failed to allege or establish facts sufficient to constitute a cause of action.(Brackett v. Griswold, 112 N. Y. 454; McNeil v. Cobb, 186 App. Div. 177; Kushes v. Ginsberg, 99 App.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1920, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The complaint should have been dismissed because it failed to allege or establish facts sufficient to constitute a cause of action.(Brackett v. Griswold, 112 N. Y. 454; McNeil v. Cobb, 186 App. Div. 177; Kushes v. Ginsberg, 99 App. Div. 417; 188 N. Y. 630; Renard v. Grenthal, 81 Misc. Rep. 135; Fairchild v. Leo, 149 App. Div. 31; Pagnillo v. Mack Paving & Construction…
1Opinion of the CourtCardozo, J.
The plaintiff in November, 1917, was a tenant in the defendant’s apartment house in the city of New York. She was injured while in her room by a falling ceiling, which the defendant, after timely notice of the danger, had omitted to repair. So, at least, the jury found, and the unanimous affirmance at the Appellate Division carries with it the presumption that there is evidence to sustain the verdict. The question to be determined is whether the omission was a breach of duty.
At common law there was no duty resting on the landlord of an apartment house to repair the rooms demised (Golob v.…
2Cases cited7 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Kitching v. . BrownNew York Court of Appeals · 1905
- Golob v. . PasinskyNew York Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- Javins v. First National Realty Corp.Court of Appeals for the D.C. Circuit · 1970
- Cullings v. GoetzNew York Court of Appeals · 1931
- 7979 Airport Garage, L.L.C. v. Dollar Rent a Car Systems, Inc., Texas Court of Appeals, 14th District (Houston)2007
95 more not listed; retrieve them via the Exa API.