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Tracz v. Wiener

Supreme Court, Appellate Term, First Department
Jul 3, 1934
152 Misc. 298 (N.Y. App. Term 1934)

Opinion

July 3, 1934.

Appeal from the Municipal Court of New York, Borough of Manhattan, Second District.

Herbert Tenzer [ M.B. Kletzky of counsel], for the appellant.

Herman Koenigsberg, for the respondents.


The defendants had not parted with possession or control so completely that they had disabled themselves from performing their duty of care toward the traveling public. They retained a right of entry by the express provisions of the lease. Under these circumstances they were liable for the defective condition of the cellar door disclosed by the record. ( Appel v. Muller, 262 N.Y. 278.) The trial judge determined the facts in favor of plaintiff.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff; the damages to be assessed by the court.

All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.


Summaries of

Tracz v. Wiener

Supreme Court, Appellate Term, First Department
Jul 3, 1934
152 Misc. 298 (N.Y. App. Term 1934)
Case details for

Tracz v. Wiener

Case Details

Full title:STANISLAUS TRACZ, Appellant, v. PHILIP WIENER and Another, Respondents

Court:Supreme Court, Appellate Term, First Department

Date published: Jul 3, 1934

Citations

152 Misc. 298 (N.Y. App. Term 1934)
273 N.Y.S. 180