Wayman v. Fulder

Appellate Division of the Supreme Court of New York

Wayman v. Fulder

258 A.D. 820, 15 N.Y.S.2d 176, 1939 N.Y. App. Div. LEXIS 7111

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

DecidedNovember 1, 1939

StatusPublished

This text of 258 A.D. 820 (Wayman v. Fulder) 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

Wayman v. Fulder, 258 A.D. 820, 15 N.Y.S.2d 176, 1939 N.Y. App. Div. LEXIS 7111 (N.Y. Ct. App. 1939).

Pincite

Opinion

Plaintiff was a lessee of defendant. She occupied the upper floor of a two-family house. There was a common stairway used by tenants leading to the cellar over which the landlord had reserved control. Plaintiff, in going from her apartment to the cellar, fell from the second step from the top of the stairway and she was precipitated to the cellar floor. She charged the defendant with negligence in failing to provide proper light over the stairway, with faulty construction of the stairway and with [821]*821failure to provide a handrail. These conditions existed in the premises when plaintiff became a tenant. She recovered a judgment in the City Court of Albany which has been affirmed by the County Court. Judgment and order unanimously affirmed on the authority of Galligan v. Druiden Beal Estate Co., Inc. (266 N. Y. 445). Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

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Plaintiff was a lessee of defendant. She occupied the upper floor of a two-family house. There was a common stairway used by tenants leading to the cellar over which the landlord had reserved control. Plaintiff, in going from her apartment to the cellar, fell from the second step from the top of the stairway and she was precipitated to the cellar floor. She charged the defendant with negligence in failing to provide proper light over the stairway, with faulty construction of the stairway and with [821]*821failure to provide a handrail. These conditions existed in the premises when plaintiff became a tenant. She recovered a judgment in the City Court of Albany which has been affirmed by the County Court. Judgment and order unanimously affirmed on the authority of Galligan v. Druiden Beal Estate Co., Inc. (266 N. Y. 445). Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

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Bluebook (online)

258 A.D. 820, 15 N.Y.S.2d 176, 1939 N.Y. App. Div. LEXIS 7111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wayman-v-fulder-nyappdiv-1939.

Opinion

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