Cullen v. Austin Development Co.
This text of 186 Misc. 441 (Cullen v. Austin Development Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
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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Cite This Page — Counsel Stack
186 Misc. 441, 60 N.Y.S.2d 22, 1946 N.Y. Misc. LEXIS 1813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullen-v-austin-development-co-nyappterm-1946.