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Zack v. Cohen

144 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1913-12-12 English

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p. 1151
ZACK, Respondent, v. COHEN et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
December 12, 1913.)

Headnote

Action by Theodore Zack, an infant, by Abraham Zack, his guardian ad litem, against Nathan Cohen and others.

Judgment and order unanimously affirmed, as against the defendant Cohen, with costs; judgment and order, as against the defendants Simon and Louis Halperin, reversed, and new trial granted, costs to abide the event, on the ground that there is no evidence that these two defendants were the owners of the premises, or in possession and control of the premises, alleged to have been negligently maintained.