English v. Merroads Realty Corp.

New York Court of Appeals

English v. Merroads Realty Corp.

41 N.E.2d 472, 288 N.Y. 93, 1942 N.Y. LEXIS 1059

CourtNew York Court of Appeals

DecidedApril 23, 1942

StatusPublished

Cited by5 cases

This text of 41 N.E.2d 472 (English v. Merroads Realty Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

English v. Merroads Realty Corp., 41 N.E.2d 472, 288 N.Y. 93, 1942 N.Y. LEXIS 1059 (N.Y. 1942).

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Opinion

Per Curiam.

There was no breach by the defendant landlord of its obligation to heat the apartment it let to the plaintiffs. There was no failure of its duty to maintain its heating apparatus with reasonable care. The oil burner did not become unsafe because a contractor was filling the oil tank. There was no reason why the defendant landlord should have expected that the workmen engaged in that ordinary task would spill oil on the cellar floor in quantity sufficient to reach the oil burner. Such a danger was not inherent in the work of filling the tank and the defendant landlord had no notice thereof.

The judgments should be reversed and a new trial granted, with costs in all courts to abide the event. (See Hyman v. Barrett, 224 N. Y. 436.)

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.

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Per Curiam.

There was no breach by the defendant landlord of its obligation to heat the apartment it let to the plaintiffs. There was no failure of its duty to maintain its heating apparatus with reasonable care. The oil burner did not become unsafe because a contractor was filling the oil tank. There was no reason why the defendant landlord should have expected that the workmen engaged in that ordinary task would spill oil on the cellar floor in quantity sufficient to reach the oil burner. Such a danger was not inherent in the work of filling the tank and the defendant landlord had no notice thereof.

The judgments should be reversed and a new trial granted, with costs in all courts to abide the event. (See Hyman v. Barrett, 224 N. Y. 436.)

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.

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Bluebook (online)

41 N.E.2d 472, 288 N.Y. 93, 1942 N.Y. LEXIS 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/english-v-merroads-realty-corp-ny-1942.

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