Golob v. . Pasinsky
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1903, which affirmed a final judgment dismissing the complaint for failure to pay costs and amend after an interlocutory judgment sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1903, which affirmed a final judgment dismissing the complaint for failure to pay costs and amend after an interlocutory judgment sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was injured through the fall of a portion of a ceiling of which the defendant had control; the fall being due to the fact that the defendant negligently permitted the ceiling to be and become defective, out…
1Opinion of the CourtCullen, J.
The action is for personal injuries. The complaint alleges that the defendant was the owner of a tenement house in the city of New York divided into separate apartments, one of which, on the upper floor, was rented by the plaintiff’s husband and occupied by him and his family. It further alleges “ that the defendant had and reserved to himself control of the roof and ceilings in said building and apartments therein, as well as other parts and portions of said building during all the times herein mentioned.” It is also charged that the defendant negligently suffered the roof of the said…
2Cases cited4 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Allinger v. McKeownNew York Supreme Court · 1900
3Cited by14 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Wynn v. T.R.I.P. Redevelopment AssociatesAppellate Division of the Supreme Court of the State of New York · 2002
- Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
- Kushes v. GinsbergAppellate Division of the Supreme Court of the State of New York · 1904
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