Breeze v. City of New York

Appellate Division of the Supreme Court of New York

Breeze v. City of New York

249 A.D. 856, 292 N.Y.S. 716, 1937 N.Y. App. Div. LEXIS 10009

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

DecidedJanuary 29, 1937

StatusPublished

Cited by6 cases

This text of 249 A.D. 856 (Breeze v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breeze v. City of New York, 249 A.D. 856, 292 N.Y.S. 716, 1937 N.Y. App. Div. LEXIS 10009 (N.Y. Ct. App. 1937).

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Opinion

In an action to recover for the death of plaintiff’s intestate, a four-year-old boy, whose body was found in the water that had accumulated within the foundation walls on defendant Lavine’s land, a verdict was rendered against both defendants, and judgment entered thereon. Judgment reversed on the law, with costs, and the complaint dismissed, with costs. An owner of land is not liable in damages for injuries to a bare licensee'or trespasser resulting from a mere defect in the premises. (Olsen v. Fennia Realty Co., Inc., 246 N. Y. 641; Vaughan v. Transit Development Co., 222 id. 79, 82; Mendelowitz v. Neisner, 258 id. 181, and cases cited therein.) The city of New York had no control over the premises where the boy was drowned. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.

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In an action to recover for the death of plaintiff’s intestate, a four-year-old boy, whose body was found in the water that had accumulated within the foundation walls on defendant Lavine’s land, a verdict was rendered against both defendants, and judgment entered thereon. Judgment reversed on the law, with costs, and the complaint dismissed, with costs. An owner of land is not liable in damages for injuries to a bare licensee'or trespasser resulting from a mere defect in the premises. (Olsen v. Fennia Realty Co., Inc., 246 N. Y. 641; Vaughan v. Transit Development Co., 222 id. 79, 82; Mendelowitz v. Neisner, 258 id. 181, and cases cited therein.) The city of New York had no control over the premises where the boy was drowned. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

249 A.D. 856, 292 N.Y.S. 716, 1937 N.Y. App. Div. LEXIS 10009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breeze-v-city-of-new-york-nyappdiv-1937.

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