Winbush v. City of Mount Vernon

Appellate Division of the Supreme Court of New York

Winbush v. City of Mount Vernon

2 A.D.2d 893, 156 N.Y.S.2d 384, 1956 N.Y. App. Div. LEXIS 3886

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

DecidedNovember 13, 1956

StatusPublished

This text of 2 A.D.2d 893 (Winbush v. City of Mount Vernon) 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

Winbush v. City of Mount Vernon, 2 A.D.2d 893, 156 N.Y.S.2d 384, 1956 N.Y. App. Div. LEXIS 3886 (N.Y. Ct. App. 1956).

Pincite

Opinion

Action to recover damages for personal injuries and for wrongful death alleged to have resulted from a fire in an apartment [894]*894building owned and operated by appellant. The appeal is from an order denying appellant’s motion for judgment on the pleadings. Order reversed, without costs, motion granted, and complaint dismissed, with leave to serve an amended complaint within 20 days after entry of the order hereon. The present complaint, supplemented by the bill of particulars, alleges that appellant allowed unauthorized persons into its building and that such unauthorized persons caused the fire therein. There are no factual allegations to show that appellant, in allowing the unauthorized persons in the building, should have foreseen that they would cause a fire. Nor is there any allegation with respect to violation by appellant of any ordinance or code which respondents are entitled to invoke and which would constitute the proximate cause of the fire. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Action to recover damages for personal injuries and for wrongful death alleged to have resulted from a fire in an apartment [894]*894building owned and operated by appellant. The appeal is from an order denying appellant’s motion for judgment on the pleadings. Order reversed, without costs, motion granted, and complaint dismissed, with leave to serve an amended complaint within 20 days after entry of the order hereon. The present complaint, supplemented by the bill of particulars, alleges that appellant allowed unauthorized persons into its building and that such unauthorized persons caused the fire therein. There are no factual allegations to show that appellant, in allowing the unauthorized persons in the building, should have foreseen that they would cause a fire. Nor is there any allegation with respect to violation by appellant of any ordinance or code which respondents are entitled to invoke and which would constitute the proximate cause of the fire. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

2 A.D.2d 893, 156 N.Y.S.2d 384, 1956 N.Y. App. Div. LEXIS 3886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winbush-v-city-of-mount-vernon-nyappdiv-1956.