(DOWNLOAD) "Howard Stores Corporation Et Al. v. Clarence Pope" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Howard Stores Corporation Et Al. v. Clarence Pope
- Author : Court of Appeals of New York
- Release Date : January 19, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[1 N.Y.2d 110 Page 112] The several plaintiffs, being the tenant and the owners, respectively, of a building in Manhattan which was damaged by fire
in 1954, appeal as of right from a judgment entered on a unanimous order of the Appellate Division, First Department which
reversed a Special Term order. The latter order had denied a motion made by defendant-respondent Prospect (the other defendants
did not move) to dismiss this second amended complaint as to Prospect. The Appellate Division's reversing order and judgment
dismissed the complaint as to Prospect for insufficiency. Special Term's memorandum said: "Sufficient causal connection has
now been alleged between the moving defendant's claimed negligence and the spread of fire." The Appellate Division's memorandum,
however, says that the complaint lacks any allegation that defendant Pope, who was a contractor scraping and refinishing a
floor in the premises, "because of ignorance on his part of the inflammatory nature of the material, was induced to forego
precautions that he would have taken had the cans been properly labeled". The Appellate Division memorandum points out that
this defect had twice before been pointed out by the courts but, according to the memorandum, the deficiency has not been
cured in this third complaint. The pleading we have before us is the second amended complaint, two earlier pleadings having
been dismissed for insufficiency.
 "Howard Stores Corporation Et Al. v. Clarence Pope" by Court of Appeals of New York " eBook PDF Kindle ePub Free){kind=link}