Farragher v. Ide

Appellate Division of the Supreme Court of New York

Farragher v. Ide

24 A.D.2d 434, 260 N.Y.S.2d 803, 1965 N.Y. App. Div. LEXIS 3867

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

DecidedJune 22, 1965

StatusPublished

This text of 24 A.D.2d 434 (Farragher v. Ide) 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

Farragher v. Ide, 24 A.D.2d 434, 260 N.Y.S.2d 803, 1965 N.Y. App. Div. LEXIS 3867 (N.Y. Ct. App. 1965).

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Opinion

Order, entered December 4, 1964, denying defendants’ motion to dismiss the complaint for legal insufficiency pursuant to CPLR 3211 (subd. [a]) unanimously affirmed, with $30 costs and disbursements to abide the event. The New York rule with respect to the liability of a vendor of real property for personal injuries sustained subsequent to the transfer of title but allegedly due to pre-existing conditions is unclear (cf. Kilmer v. White, 254 N. Y. 64; Restatement, Torts, § 352; but see Pharm v. Lituchy, 283 N. Y. 130 and eases cited in Restatement, Second, Torts, § 353, p. 121 [Tentative Draft No. 5, April 8, I960]). In the light of this uncertainty and the absence of any facts to establish the time required to install automatic sprinklers, none of the questions should be resolved on the pleadings alone [435]*435without a trial record. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, J,J.

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Order, entered December 4, 1964, denying defendants’ motion to dismiss the complaint for legal insufficiency pursuant to CPLR 3211 (subd. [a]) unanimously affirmed, with $30 costs and disbursements to abide the event. The New York rule with respect to the liability of a vendor of real property for personal injuries sustained subsequent to the transfer of title but allegedly due to pre-existing conditions is unclear (cf. Kilmer v. White, 254 N. Y. 64; Restatement, Torts, § 352; but see Pharm v. Lituchy, 283 N. Y. 130 and eases cited in Restatement, Second, Torts, § 353, p. 121 [Tentative Draft No. 5, April 8, I960]). In the light of this uncertainty and the absence of any facts to establish the time required to install automatic sprinklers, none of the questions should be resolved on the pleadings alone [435]*435without a trial record. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, J,J.

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Bluebook (online)

24 A.D.2d 434, 260 N.Y.S.2d 803, 1965 N.Y. App. Div. LEXIS 3867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farragher-v-ide-nyappdiv-1965.

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