# Cortese v. Brown

> Appellate Division of the Supreme Court of the State of New York · January 26, 1942 · 263 A.D. 894

URL: https://www.frixlaw.com/law-library/cases/5370788

## Case

- **Full name:** Margaret Cortese v. Abbie E. Brown, and Edgar S. Knox and Gladys L. Irons, as Committee of the Person and Property of Abbie E. Brown, an Incompetent Person
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 26, 1942
- **Citations:** 263 A.D. 894; 32 N.Y.S.2d 554; 1942 N.Y. App. Div. LEXIS 7253
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5370788

## Opinion text

Action to recover damages for personal injuries. Plaintiff, a tenant in a two-family house, while attempting to lower the window in her kitchen from the top, was injured when the window jammed and the top of the window frame gave away. Liability is asserted against the defendants as the committee of the property and person of the landlord, upon the theory that the landlord, although under no obligation to do so, had voluntarily made repairs to the window and had done the work negligently. The complaint was dismissed at the close of the entire case. Plaintiff appeals. Judgment reversed on the law and the facts, and a new trial granted, with costs to appellant to abide the event. In our opinion the evidence presented a question of fact as to the landlord’s negligence. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5370788. Public record. Not legal advice.