Dietze v. Frank Hillman Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal in the first above-entitled action by the plaintiff, Adelheit Dietze, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1920, setting aside the verdict of the jury for $850 in favor of the plaintiff as against the weight of the evidence and dismissing the complaint, and also from a judgment of the Supreme Court in favor of the respondent entered in said clerk’s…
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Appeal in the first above-entitled action by the plaintiff, Adelheit Dietze, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1920, setting aside the verdict of the jury for $850 in favor of the plaintiff as against the weight of the evidence and dismissing the complaint, and also from a judgment of the Supreme Court in favor of the respondent entered in said clerk’s office on the 6th day of August, 1920, upon said order dismissing the complaint. Appeal in the second above-entitled…
1Opinion of the Court
Greenbaum, J.:
The actions are for personal injuries alleged to have been sustained by the plaintiff Adelheit Dietze in December, 1917, by reason of her stepping upon an unsecured coal hole lid in front of the premises 208 East Eighty-second street, owned by the defendant Frank Hillman Realty Company. The defense was that the premises had been leased to the defendants Wuntz and Till' and hence that the defendant Hillman Realty Company, the owner, was not liable. Hpon the trial, the actions against the lessees Wuntz and Till were discontinued and the cases then proceeded solely against the…
2Cases cited3 opinions
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
- Appleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Mahoney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911