Kramer v. Stone
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Israel Stone, from a judgment oí the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Bronx on the 25th day of February, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of February, T916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This is an action by tenants against their landlord for damages caused by an overflow of water. Plaintiffs occupy the store, the first floor above the store and the basement of a certain building in the city of New York. Other floors are rented to other tenants. The damage for which plaintiffs sue was caused to their stock of goods, which were injured on October 2, 1913, by water which, as it is alleged, came through the roof during the course of an unusually severe rain storm.
The complaint alleges that the property was owned by twelve individuals, and the defendant seriously argues…
2Cases cited2 opinions
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
- Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Butler v. RaffertyNew York Court of Appeals · 2003
- Jersey Silk & Lace Stores, Inc. v. Best Silk Shops, Ltd.City of New York Municipal Court · 1929
- Silver v. Dry Dock Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1941
- Bernstein v. Ems Corp.Court of Appeals for the Second Circuit · 1949