17 N.E.2d 796 | NY | 1938
The plaintiff operated a tailor shop in a store on premises No. 2304 Amsterdam avenue, in the city of New York. The building was a multiple dwelling within the meaning of section 4, subdivision 3, of the Multiple Dwelling Law (Cons. Laws, ch. 61-A). This was admitted by the pleadings. There were apartments above the store. There was a stairway immediately in front of the plaintiff's store window which led from the sidewalk down to the basement. It was constructed entirely of wood. It was an exposed outside stairway, subject to the elements, and was used by the people in general, including the superintendent of the building, the iceman and other tradesmen.
On the 22d of June, 1934, the plaintiff, in descending this stairway to go from his store to the cellar or basement, fell on a defective step and was injured. The evidence shows that the step had been broken for some time and left in a defective condition. The defense to the action brought by the plaintiff against the owner, Leroco Realty Corporation, was that the owner was out of possession in that it had leased the entire premises to Hedwig Grenz by written lease February 1, 1934, for the period of two years, at a rental of $350 a month. The courts below have sustained the dismissal of the complaint upon this ground. We take a different view of the owner's responsibility and do not think that he can escape the obligations placed upon him by the Multiple Dwelling Law by making a lease of the entire building.
Section 78 reads as follows:
"§ 78. Repairs. Every multiple dwelling and every part thereof shall be kept in good repair, and the roof shall be kept so as not to leak and all rain water shall be so drained and conveyed therefrom as to prevent its dripping to the ground or causing dampness in the walls, ceilings, yards or areas. The owner of such multiple dwelling shall be responsible for compliance with the *130
provisions of this section; but the tenant also shall be liable for every violation of the provisions of this section if such violation is caused by his own wilful act or negligence or that of any member of his household or his guest." (Cf. Altz v.Leiberson,
Section
The judgments should be reversed and a new trial granted, with costs to abide the event.
LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.
Judgments reversed, etc. *131