Bruszacynaska v. Ruby
Cases that cite this one
1 later published case cites this decision.
- McKenna v. State (N.Y. Ct. Cl. 1955)
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
Whether or not control of the premises had passed from the lessor to the lessee was a question of fact which was determined adversely to the defendant by the trial court. It was a fair inference from the evidence that such control had not passed. We do not decide the question whether if there had been technical abandonment of control by the lessor, there would still be liability on her part. (See Restatement of the Law of Torts, § 353; Kilmer v. White, 254 N. Y. 64.)
The judgment of the Appellate Division should be reversed and that of the Trial Term affirmed, with costs in the Appellate Division and in this court.
Lehman, Ch. J., Loughran, Lewis, Conway, Desmond and Thacher, JJ., concur.
Judgment accordingly.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.