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Finn v. Sachs

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1943
266 App. Div. 865 (N.Y. App. Div. 1943)

Opinion

June 21, 1943.

Present — Close, P.J., Hagarty, Johnston, Adel and Taylor, JJ.


Actions brought on behalf of an infant to recover damages for personal injuries and by his father for loss of services and for expenses. After reserving decision on motions to dismiss made at the close of the plaintiffs' case and renewed at the close of the whole case, the trial court made an order granting the motion of defendant to set aside verdicts for plaintiffs and to dismiss the complaints, on which judgment was entered. Order and judgment unanimously affirmed, with costs. The strip between the building line and the wall of defendant's apartment house constituted part of the sidewalk, as it was common with and indistinguishable from the area between the building line and the curb. In the absence of participation, the landlord could not be held liable for the negligence of his tenant in placing the dilapidated piano thereon. ( Tagg v. Senner, 277 N.Y. 692; Frank v. Muller, 200 App. Div. 639, affd. 235 N.Y. 540; Greenberg v. Kruger, Inc., 231 App. Div. 800, affd. 256 N.Y. 612.)


Summaries of

Finn v. Sachs

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1943
266 App. Div. 865 (N.Y. App. Div. 1943)
Case details for

Finn v. Sachs

Case Details

Full title:DENNIS E. FINN, an Infant, by VERONICA FINN, His Guardian ad Litem, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 1943

Citations

266 App. Div. 865 (N.Y. App. Div. 1943)