Schachter v. Cohen

Appellate Division of the Supreme Court of New York

Schachter v. Cohen

258 A.D. 487, 17 N.Y.S.2d 88, 1940 N.Y. App. Div. LEXIS 8223

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 1940

StatusPublished

Cited by3 cases

This text of 258 A.D. 487 (Schachter v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schachter v. Cohen, 258 A.D. 487, 17 N.Y.S.2d 88, 1940 N.Y. App. Div. LEXIS 8223 (N.Y. Ct. App. 1940).

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Opinion

Martin, P. J.

The infant plaintiff sustained injuries by falling on a stairway in a two-family house, which stairway, it is claimed, was defective. The defendant owners lived on the first floor and rented the second floor to the parents of the plaintiff. The owners made use of the stairway once a year to go to the roof to paint the same and at other times to respond to requests for repairs in the second floor apartment. Otherwise the tenants were the only persons who used the stall way. The record fails to establish that the landlords had control of the stairway in this house, which is not a tenement house, nor does it appear that there was any agreement on the part of the landlords to keep the stairway in repair. Under the circumstances the owners are not liable. (Kisten v. Koplowitch, 207 App. Div. 642; Zolla v. Young Women’s Christian Assn., 250 id. 139.)

The judgment should be reversed, with costs, and the complaint dismissed, with costs.

O’Malley, Townley, Glennon and Untebmyer, JJ., concur.

Judgment, so far as appealed from, and the order unanimously reversed, with costs, and the complaint dismissed, with costs.

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Martin, P. J.

The infant plaintiff sustained injuries by falling on a stairway in a two-family house, which stairway, it is claimed, was defective. The defendant owners lived on the first floor and rented the second floor to the parents of the plaintiff. The owners made use of the stairway once a year to go to the roof to paint the same and at other times to respond to requests for repairs in the second floor apartment. Otherwise the tenants were the only persons who used the stall way. The record fails to establish that the landlords had control of the stairway in this house, which is not a tenement house, nor does it appear that there was any agreement on the part of the landlords to keep the stairway in repair. Under the circumstances the owners are not liable. (Kisten v. Koplowitch, 207 App. Div. 642; Zolla v. Young Women’s Christian Assn., 250 id. 139.)

The judgment should be reversed, with costs, and the complaint dismissed, with costs.

O’Malley, Townley, Glennon and Untebmyer, JJ., concur.

Judgment, so far as appealed from, and the order unanimously reversed, with costs, and the complaint dismissed, with costs.

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Bluebook (online)

258 A.D. 487, 17 N.Y.S.2d 88, 1940 N.Y. App. Div. LEXIS 8223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schachter-v-cohen-nyappdiv-1940.

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