Tracz v. Wiener

Appellate Terms of the Supreme Court of New York

Tracz v. Wiener

152 Misc. 298, 273 N.Y.S. 180, 1934 N.Y. Misc. LEXIS 1455

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 3, 1934

StatusPublished

This text of 152 Misc. 298 (Tracz v. Wiener) 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

Tracz v. Wiener, 152 Misc. 298, 273 N.Y.S. 180, 1934 N.Y. Misc. LEXIS 1455 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

The defendants had not parted with possession or control so completely that they had disabled themselves from performing their duty of care toward the traveling public. They retained a right of entry by the express provisions of the lease.

[299]*299Under these circumstances they were liable for the defective condition of the cellar door disclosed by the record. (Appel v. Muller, 262 N. Y. 278.) The trial judge determined the facts in favor of plaintiff.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff; the damages to be assessed by the court.

All concur; present, Callahan, Frankenthaler and Shientag, JJ.

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