Finkelstein v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Finkelstein, as administrator, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 8th day of December, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Smith, J.:
In May, 1915, the plaintiff’s intestate, a boy ten and one-half years of age, while lawfully upon the premises at 76 Ludlow street, was struck on the head by a brick which fell out of and from the wall of the Ludlow Street Jail, located upon the adjoining premises. From this injury he died. The wall of the Ludlow Street Jail had become very much out of repair; the mortar had disintegrated, so that the bricks were not held in place. From the condition of the wall as shown by the exhibits, it must have been in a condition for so long a time as to have given notice upon proper…
2Cases cited1 opinion
- Lefrois v. . County of MonroeNew York Court of Appeals · 1900
3Cited by5 opinions
- Boutet v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922
- O'Brien v. City of Saratoga SpringsNew York Supreme Court · 1928
- Goldfarb v. City of New YorkCity of New York Municipal Court · 1919
- Metzroth v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925
- Meyer v. City of New YorkCity of New York Municipal Court · 1937