Beck v. Libraro
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Kapper, J..The action is for damages for alleged personal injuries attributable to the defendant’s act in discharging a loaded gun from the window of his home into and through a window of plaintiff’s apartment while she was at home.
The defendant was successful in his motion made under rule 106 of the Rules of Civil Practice to dismiss the complaint for failure to state a cause of action.
The complaint charges that the defendant “ assaulted ” plaintiff. This conclusion of fact is followed by allegations showing that the defendant fired this gun into the plaintiff’s apartment several times, in…
2Cases cited6 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Preiser v. WielandtAppellate Division of the Supreme Court of the State of New York · 1900
- Williams v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1901
- People v. McKenzieAppellate Division of the Supreme Court of the State of New York · 1896
- Liebstadter v. FedergreenNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dana v. Oak Park Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Cauverien v. De MetzNew York Supreme Court · 1959
- Mitran v. WilliamsonNew York Supreme Court · 1960
- Lopez v. City of New YorkCivil Court of the City of New York · 1974
- Becker v. City of New YorkCivil Court of the City of New York · 2002
4 more not listed; retrieve them via the Exa API.