Sterger v. Van Siclen

New York Supreme Court

Sterger v. Van Siclen

7 N.Y.S. 805, 28 N.Y. St. Rep. 627, 1889 N.Y. Misc. LEXIS 1310

CourtNew York Supreme Court

DecidedDecember 10, 1889

StatusPublished

Cited by1 cases

This text of 7 N.Y.S. 805 (Sterger v. Van Siclen) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sterger v. Van Siclen, 7 N.Y.S. 805, 28 N.Y. St. Rep. 627, 1889 N.Y. Misc. LEXIS 1310 (N.Y. Super. Ct. 1889).

Pincite

Opinion

Pratt, J.

It sufficiently appears that in May previous to the accident de-

fendant engaged the tenant to repair the defect in the stairs, and remitted two-dollars from the rent of that month, to compensate the tenant for doing that work. The defect was a trifling one, and the two dollars would seem to be ample. It seems clear that, as between the tenant and those claiming under him, no action would thereafter lie against the landlord for injuries occasioned by that defect. The duty to repair seems to have been assumed by the tenant. The plaintiff was a visitor to the family of the tenant, and was injured while upon such visit. Upon this state of facts we are of opinion that the authorities in this state do not sustain the plaintiff’s claim for damages. It follows that the complaint was properly dismissed, and the judgment must be affirmed. All concur.

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Pratt, J.

It sufficiently appears that in May previous to the accident de-

fendant engaged the tenant to repair the defect in the stairs, and remitted two-dollars from the rent of that month, to compensate the tenant for doing that work. The defect was a trifling one, and the two dollars would seem to be ample. It seems clear that, as between the tenant and those claiming under him, no action would thereafter lie against the landlord for injuries occasioned by that defect. The duty to repair seems to have been assumed by the tenant. The plaintiff was a visitor to the family of the tenant, and was injured while upon such visit. Upon this state of facts we are of opinion that the authorities in this state do not sustain the plaintiff’s claim for damages. It follows that the complaint was properly dismissed, and the judgment must be affirmed. All concur.

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Bluebook (online)

7 N.Y.S. 805, 28 N.Y. St. Rep. 627, 1889 N.Y. Misc. LEXIS 1310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterger-v-van-siclen-nysupct-1889.

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