Scudero v. Campbell
Cases that cite this one
34 later published cases cite this decision. The 25 that cite it most often are listed here.
- Croff v. Kearns (Appellate Division of the Supreme Court of New York 1968)
- Miller v. Morse (Appellate Division of the Supreme Court of New York 1959)
- Klatz v. Armor Elevator Co. (Appellate Division of the Supreme Court of New York 1983)
- Shvets v. Landau (New York Supreme Court 1983)
- La Scalea v. Woolsey Holding Corp. (Appellate Division of the Supreme Court of New York 1961)
- Maccarini v. New Haven Trap Rock Co. (District Court, S.D. New York 1957)
- Slattery v. Marra Bros., Inc. Marra Bros., Inc. v. Wm. Spencer & Son Corporation (2d Cir. 1951)
- Bernstein v. Olian (District Court, S.D. New York 1948)
- Noble v. Marx (N.Y. 1948)
- Winne v. Town of Duanesburg (Appellate Division of the Supreme Court of New York 2011)
- Alfieri v. Carmelite Nursing Home, Inc. (Civil Court of the City of New York 2010)
- Hughes v. Cold Spring Construction Co. (Appellate Division of the Supreme Court of New York 2006)
- Radnay v. 1036 Park Corp. (Appellate Division of the Supreme Court of New York 2005)
- Giannelli v. Montgomery Kone, Inc. (New York Supreme Court 1997)
- Fernandez v. Higdon Elevator Co. (Appellate Division of the Supreme Court of New York 1995)
- James v. Stark (Appellate Division of the Supreme Court of New York 1992)
- Ramundo v. Town of Guilderland (Appellate Division of the Supreme Court of New York 1988)
- Reisiger v. County of Nassau (Appellate Division of the Supreme Court of New York 1986)
- Golden v. Gray (New York Supreme Court 1971)
- People v. Scott (N.Y. 1970)
- Molinari v. Hillside Meadows, Inc. (Appellate Division of the Supreme Court of New York 1963)
- Conway v. Sciano (New York Supreme Court 1961)
- Dinallo v. Weiner (Appellate Division of the Supreme Court of New York 1960)
- De Clara v. Barber Steamship Lines, Inc. (N.Y. 1956)
- Pine v. Moawood (Appellate Division of the Supreme Court of New York 1956)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiff went to a one-family house owned by the deféndant to collect a bill from the occupant who was a monthly tenant. As he descended from the front stoop, one of its wooden steps gave way causing him to fall. For injuries so suffered, he had a recovery which has been affirmed.
The trial judge left it to the jury to say whether “ the defendant had control and, having control, was negligent.” We are to say whether there was evidence sufficient to carry the case to the jury on that issue. .
There was evidence that prior to the accident the steps in question had become “ all-rotted.” There was evidence that this condition was repaired by the defendant after the plaintiff was hurt and when the same tenant still occupied the premises. These circumstances were enough to countenance the verdict. “ When the defendant’s liability depends upon whether a landlord or his tenant was in control of premises * * * the acts of control of such a person are provable, and an act of repair done after the injury may chance to be such an act.” (2 Wigmore on Evidence [3d ed.], § 283, p. 158.)
The judgment should be affirmed, with costs.
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.