Brown v. F. W. Woolworth Co.

Appellate Division of the Supreme Court of New York

Brown v. F. W. Woolworth Co.

275 A.D.2d 805

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

DecidedMay 24, 1949

StatusPublished

This text of 275 A.D.2d 805 (Brown v. F. W. Woolworth Co.) 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.

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Brown v. F. W. Woolworth Co., 275 A.D.2d 805 (N.Y. Ct. App. 1949).

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Opinion

Per Curiam.

In the type of premises here in question, defendant landlord under the circumstances disclosed was as a matter of law under no liability in tort to plaintiff, an invitee at the time of the occurrence of the sublessee in occupation and control of that part of the premises where the accident happened, and defendant’s motion for dismissal should have been granted (Fink v. 37 West 36th St. Co., 277 N. Y. 703, revg. 251 App. Div. 261; Cullings v. Goetz, 256 N. Y. 287, 292).

In view of this disposition of the appeal, we need not now pass upon other points urged for reversal based on other errors in the record.

The judgment appealed from should be reversed and the complaint dismissed, with costs.

Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ., concur.

Judgment unanimously reversed and the complaint dismissed, with costs.

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