Bornstein v. Faden — 208 N.Y. 605

Majority

p. 605

Pauline Bornstein, as Administratrix of the Estate of Brucha F. Goldman, Deceased, Respondent, v. Beni Faden et al., Appellants.

Headnote

Bornstein v. Baden, 149 App. Div. 37 , affirmed.

(Argued April 22, 1913;

decided May 6, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1912, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the defendants’ negligence in failing to keep the hallway of a tenement house lighted.

Walter G. Evans for appellants.

Louis B. Boudin for respondent.

p. 606

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts ; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Hiscock, Collin and Cuddeback, JJ. Not sitting: Miller, J.