Legal Opinion

Kushes v. Ginsberg

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 16 opinions

Appeal by the plaintiff, Alter Rushes, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of May, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.

1Opinion of the Court

Ingraham, J.:

The action is for damages for the injuries caused to the plaintiff’s wife by the falling" of the ceiling in an apartment that the defendant had leased to the plaintiff. The complaint alleges the ownership of the property by the defendant; that in the month of January, 1899, the defendant leased to the plaintiff by parol certain premises in the *419building, representing to the plaintiff that the same were in good condition and repair, and then agreed that he would keep the property thus leased in good and proper repair; that, relying upon said representations and agreement, the…

2Cases cited2 opinions

  1. Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
  2. Golob v. . PasinskyNew York Court of Appeals · 1904

3Cited by16 opinions

  1. Cullings v. GoetzNew York Court of Appeals · 1931
  2. Pharm v. LituchyNew York Court of Appeals · 1940
  3. Dice's Administrator v. Zweigart's AdministratorCourt of Appeals of Kentucky · 1914
  4. Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
  5. Ross v. HanerTexas Commission of Appeals · 1924

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