Zolla v. Young Women's Christian Ass'n

250 A.D. 139, 293 N.Y.S. 751, 1937 N.Y. App. Div. LEXIS 8287

Opinion

Per Curiam.

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 as landlord. Judgment was entered in favor of the defendant after a trial before the court without a jury.

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.