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Cases Decided in the Inferior Courts of Record of the State of New York (Volume 76)

Cases Decided in the Inferior Courts of Record of the State of New York (Volume 76)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912. Excerpt: ... APPEAL--Continued. 4. Judgments and orders appealable--Review--From the City Court of city of New York--Trial--Instructions to jury--Review of questions of fact--Landlord and tenant--Negligence.--For four years plaintiff's husband had occupied the basement of a tenement house as a cobbler shop. A stairway, furnishing access to the shop from the street and to no other part of the building, upon which plaintiff was descending, broke and she fell and was injured. The space at the foot of said stairs was intended as a means of access to the shop and not as a separate and distinct part of the premises reserved from the lease. On appeal from a judgment in plaintiff's favor, held, that a charge to the jury, that if they believed that ash cans were kept at the foot of said stairway, and were taken there by the occupants of the premises other than plaintiff's husband, the case was brought within the rule of common use by the other tenants, did not sufficiently instruct the jury that they must find that the stairway was reserved from the demise for the common use, or that such use was within the knowledge and consent of the landlord, from which such a reservation might be implied, and the judgment will be reversed and new trial granted. Finkelstein v. Schlanowsky, 500. 5. Judgments and orders appealable--From a judgment dismissing complaint.--On appeal from a judgment dismissing a complaint, the respondent is entitled to every favorable inference from the testimony. Bloom v. Reisman, 524. See Undertaking. ASSIGNMENT. See Mortgages. ATTORNEY AND CLIENT. See Attorneys. ATTORNEYS. 1. Attorney and client--The relation with the client--Duties and liabilities of attorney to client--Negotiable instruments.--A letter dated September 9, 1910, from plaintiffs to defendant in...


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Product Details
  • ISBN-13: 9781235647154
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 264
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235647153
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 530 gr


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