Sultana v. Connelly

Appellate Terms of the Supreme Court of New York

Sultana v. Connelly

18 Misc. 2d 459, 193 N.Y.S.2d 393, 1959 N.Y. Misc. LEXIS 3404

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1959

StatusPublished

This text of 18 Misc. 2d 459 (Sultana v. Connelly) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sultana v. Connelly, 18 Misc. 2d 459, 193 N.Y.S.2d 393, 1959 N.Y. Misc. LEXIS 3404 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

It was error to charge as a matter of law that the defendant herein had the duty to inspect the premises. Upon the proof adduced, there was no duty imposed upon the owner to make inspections since there was nothing calculated to arouse her suspicions (see 2A Warren, Negligence, p. 382, § 7).

The judgment should be unanimously reversed upon the law and new trial granted, with costs to defendant to abide the event.

Concur — Pette, Hart and Brown, JJ.

judgment reversed, etc.

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Per Curiam.

It was error to charge as a matter of law that the defendant herein had the duty to inspect the premises. Upon the proof adduced, there was no duty imposed upon the owner to make inspections since there was nothing calculated to arouse her suspicions (see 2A Warren, Negligence, p. 382, § 7).

The judgment should be unanimously reversed upon the law and new trial granted, with costs to defendant to abide the event.

Concur — Pette, Hart and Brown, JJ.

judgment reversed, etc.

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Bluebook (online)

18 Misc. 2d 459, 193 N.Y.S.2d 393, 1959 N.Y. Misc. LEXIS 3404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sultana-v-connelly-nyappterm-1959.