Thomaspolsky v. Gabriel Real Estate Corp.

Appellate Division of the Supreme Court of New York

Thomaspolsky v. Gabriel Real Estate Corp.

247 A.D. 776

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

DecidedMarch 15, 1936

StatusPublished

This text of 247 A.D. 776 (Thomaspolsky v. Gabriel Real Estate 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.

Bluebook

Thomaspolsky v. Gabriel Real Estate Corp., 247 A.D. 776 (N.Y. Ct. App. 1936).

Pincite

Opinion

Action for personal injuries. Plaintiff was a roomer or a lodger with another woman, occupying a small apartment on the ground floor in premises located in [777]*777the Bronx, owned by defendant real estate corporation as landlord. It is claimed that in the early hours of the morning of November 23, 1930, she was awakened from her sleep by the presence of coal gas in the room which arose from alleged defects in a boiler or heater located in the basement under this apartment; that such defect and the presence of such coal gas in the room were due to the negligence of both defendants, as a result of which plaintiff was injured. Judgment affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.; Martin, P. J., dissents.

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Action for personal injuries. Plaintiff was a roomer or a lodger with another woman, occupying a small apartment on the ground floor in premises located in [777]*777the Bronx, owned by defendant real estate corporation as landlord. It is claimed that in the early hours of the morning of November 23, 1930, she was awakened from her sleep by the presence of coal gas in the room which arose from alleged defects in a boiler or heater located in the basement under this apartment; that such defect and the presence of such coal gas in the room were due to the negligence of both defendants, as a result of which plaintiff was injured. Judgment affirmed, with costs. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.; Martin, P. J., dissents.

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Bluebook (online)

247 A.D. 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomaspolsky-v-gabriel-real-estate-corp-nyappdiv-1936.