Antonsen v. Bay Ridge Savings Bank
New York Court of Appeals
The evidence entitled the jury to find that control of the ceiling remained with the defendant. (Sendero v. Campbell, 288 1ST. T. 328; Cuttings v. Goetz, 256 N. T. 287.) I. Plaintiffs failed to make out a cause of action, and their complaint was properly dismissed. The landlord may not he held liable to the tenant, or to the latter’s invitee, when a defect existing at the time of lease is known to the lessee or discoverable by the latter on a reasonable inspection.
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The evidence entitled the jury to find that control of the ceiling remained with the defendant. (Sendero v. Campbell, 288 1ST. T. 328; Cuttings v. Goetz, 256 N. T. 287.) I. Plaintiffs failed to make out a cause of action, and their complaint was properly dismissed. The landlord may not he held liable to the tenant, or to the latter’s invitee, when a defect existing at the time of lease is known to the lessee or discoverable by the latter on a reasonable inspection. (Jaffe v. Harteau, 56 N. Y. 398; Hirsch v. Badt, 228 N. Y. 100; Vousden v. United-Cities Realty Corporation, 194 App. Div. 26;…
1Opinion of the CourtLewis, J.
The two plaintiffs — husband and wife — reside on Seventh Avenue, Borough of Brooklyn, in a two-family house of which the defendant-respondent, Bay Ridge Savings Bank, is a mortgagee in possession. On March 18, 1940, the plaintiff wife sustained personal injuries when in her apartment a portion of the kitchen ceiling fell upon her. In their present action against the defendant a jury at Trial Term returned in favor of both plaintiffs a verdict which awarded damages to the wife for personal injuries and to the husband for loss of his wife’s services. The judgment entered upon the jury’s…
2Cases cited6 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Scudero v. CampbellNew York Court of Appeals · 1942
- Hirsch v. . RadtNew York Court of Appeals · 1920
- Zolezzi v. Bruce-BrownNew York Court of Appeals · 1926
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3Cited by29 opinions
- De Clara v. Barber Steamship Lines, Inc.New York Court of Appeals · 1956
- Olivia v. GouzeAppellate Division of the Supreme Court of the State of New York · 1955
- Malachy J. Smyth and Lucy Smyth v. The Upjohn CompanyCourt of Appeals for the Second Circuit · 1975
- Noble v. MarxNew York Court of Appeals · 1948
- Raplee v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1958
24 more not listed; retrieve them via the Exa API.