Lissner v. Weingarten — 231 N.Y. 527

Majority

p. 527

Amanda Lissner, as Administratrix of the Estate of Henry Lissner, Deceased, Respondent, v. Celie Weingarten, Defendant, and Wecil Realty Corporation, Appellant.

Headnote

Negligence •—• landlord and tenant — injury to tenant from being struck by piece of falling plastei--defense that owner had purchased premises but two days before accident.

Lissner v. Weingarten, 189 App. Div. 908 , affirmed.

(Argued March 10, 1921;

decided April 19, 1921.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 7, 1919, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for • the death of plaintiff’s intestate alleged to have been sustained through the negligence of defendant, The

p. 528

deceased leased a portion of certain premises as a law office. While in said office he was struck upon the head by a piece of faffing plaster, which had been loosened by a leak in the roof, causing a small cut. Infection, septicemia and gangrene developed and he died a month and three days after the accident. The defendant, appellant, had purchased the building but two days before the accident and contended that it could not be held responsible therefor.

William Dike Reed and James A. Gray for appellant.

John C. Robinson, George F. Hickey and Charles Breitbart for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: His cock, Ch. J.