Legal Opinion
Motyka v. City of Amsterdam
New York Court of Appeals
Decided January 14, 1965PublishedCited by 147 opinions
1Opinion of the CourtVan Voorhis, J.
This appeal concerns mainly whether the City of Amsterdam is liable for a fire which burned a multiple residence there on February 1, 1955. The action is also against the owner of the building, one of whose tenants had installed an oil heating stove. Although the evidence is by no means conclusive, we shall assume that a defect in this heater caused the fire. An earlier fire which was soon extinguished had occurred *137on December 13, 1954. The stove had leaked oil before the first fire, and continued to leak after its use was resumed, to the extent that a metal container was kept beneath it to…
2Cases cited11 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Steitz v. City of BeaconNew York Court of Appeals · 1945
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3Cited by147 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- De Long v. County of ErieNew York Court of Appeals · 1983
- Gordon v. Bridgeport Housing AuthoritySupreme Court of Connecticut · 1988
- Miller v. State of New YorkNew York Court of Appeals · 1984
- Lauer v. City of New YorkNew York Court of Appeals · 2000
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