Zolla v. Young Women's Christian Ass'n
250 A.D. 139 | N.Y. App. Div. | 1937
The action is for personal injuries, brought by
the plaintiff, a visitor to a tenant on the upper floor of a two-family house, against the assignee of rents, operating the premises
The stairway where the accident happened was under the exclusive control of the tenant, and the landlord is not liable for an injury resulting from a defect in such stairway. (Kisten v. Koplowitch, 207 App. Div. 642; Kane v. Williams, 140 id. 857; Cuttings v. Goetz, 256 N. Y. 287.)
The judgment should be affirmed, with costs.
Present ■— Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ.
Judgment for defendant unanimously affirmed, with costs.