Legal Opinion
Carambas v. Wenner
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1939PublishedCited by 5 opinions
1Opinion of the CourtCallahan, J.
Plaintiff, a blind man, received personal injuries arising from falling into an unguarded cellarway adjoining the sidewalk, in premises owned by the defendant Wenner. The cellar was used by defendants Landau and Ruoff, who were tenants of a store in the building, under an oral lease which permitted them to use the cellar for storage of their merchandise. The cellar was also used at times by other tenants in the building.
*245The answer of the defendant owner admitted his control ■ of those portions of the premises used in common by the tenants.
There were no guard rails around the cellar opening,…
2Cases cited3 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Kirby v. NewmanNew York Court of Appeals · 1925
- Niehaus v. Caryfield, Inc.Appellate Division of the Supreme Court of the State of New York · 1934
3Cited by5 opinions
- Matter of Marburg v. ColeNew York Court of Appeals · 1941
- Budney v. Niagara Falls Board of EducationNew York Supreme Court · 1963
- Cullen v. Austin Development Co.Appellate Terms of the Supreme Court of New York · 1946
- Dowling v. CromerAppellate Division of the Supreme Court of the State of New York · 1945
- White v. Emigrant Industrial Savings Bank & Seventh Avenue Corp.Appellate Terms of the Supreme Court of New York · 1940