Skelly v. 1-19 Prospect Place, Inc.
This text of 229 A.D. 756 (Skelly v. 1-19 Prospect Place, Inc.) 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
The allegation that the plaintiff was “ lawfully in the cellar of said premises ” must be considered in connection with all other allegations of the complaint, and more particularly with that which alleges that she was a tenant of the defendant. Thus viewed, the complaint, in our opinion, states a cause of action and should not have been dismissed. It follows that the judgment should be reversed and a new trial granted, with costs to the appellant to abide the event. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ. Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.
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229 A.D. 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skelly-v-1-19-prospect-place-inc-nyappdiv-1930.