Kreisman v. M. R. & M. R. Realty Corp.
This text of 263 A.D. 701 (Kreisman v. M. R. & M. R. Realty Corp.) 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.
Opinion
Judgment and order affirmed, with costs, on the ground that plaintiffs failed to establish actionable negligence. Present — Martín, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; O’Malley, J., dissents and votes to reverse and grant a new trial on the ground that the plaintiffs established a prima facie ease upon the questions of negligence and contributory negligence. The fact that the mortgagee was allegedly in control of the building does not exculpate the owners. (Hecht v. Occhipinti Realty Co., Inc., 259 App. Div. 1008.) It was error, therefore, to dismiss the complaint at the close of the entire case.
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Cite This Page — Counsel Stack
263 A.D. 701, 30 N.Y.S.2d 854, 1941 N.Y. App. Div. LEXIS 4557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kreisman-v-m-r-m-r-realty-corp-nyappdiv-1941.