Wolf v. Kaufmann

227 A.D. 281 (1929)

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Wolf v. Kaufmann

New York Supreme Court
227 A.D. 281 (1929)

Facts

Margaret Wolf (plaintiff) is the administrator of the estate of Phelix O’Brien, who is deceased. O’Brien lived as a tenant on the property of George Kaufmann (defendant). One evening, O’Brien was found unconscious at the bottom of the stairs in Kaufmann’s building. The lights in the stairwell were out. The law mandated that landlords keep the common-way lights on from sunset until sunrise. It was unclear whether O’Brien was unconscious before sunset. Tenants claimed to have heard a thud, but no one saw O’Brien fall. Wolf brought suit against Kaufmann on behalf of O’Brien’s estate. The trial court found in favor of Wolf. Kaufmann appealed.

Rule of Law

Issue

Holding and Reasoning (Finch, J.)

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