Cullen v. Austin Development Co.

186 Misc. 441, 60 N.Y.S.2d 22, 1946 N.Y. Misc. LEXIS 1813
Appellate Terms of the Supreme Court of New York·Decided January 11, 1946·Published

Opinions

Memokandum Per Curiam.

The case was tried and decided on the theory of negligence. Nowhere does it appear that the accident occurred through any fault of the defendant-appellant. It was solely caused by the negligence of the tenant, which negligence is not attributable to the owner of the premises. (See Siegel v. Gordon, 278 N. Y. 416.)

The judgment so far as appealed from should be reversed, with costs, and judgment directed for appellant, with costs.

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Cullen v. Austin Development Co., 186 Misc. 441, 60 N.Y.S.2d 22, 1946 N.Y. Misc. LEXIS 1813 (N.Y. Ct. App. 1946).

186 Misc. 441 (Cullen v. Austin Development Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Siegel v. Gordon
16 N.E.2d 387 (New York Court of Appeals, 1938)
Carambas v. Wenner
256 A.D. 244 (Appellate Division of the Supreme Court of New York, 1939)