Majority
p. 139Leon Zolla, Appellant, v. Young Women’s Christian Association of Brooklyn, Respondent. Second Department, March 1, 1937.
Harry T. Thurschwell [Jules Berg with him on the brief], for the appellant.
Elliott W. Smith, for the respondent.
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
p. 140
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.
Cases cited
- Cullings v. Goetz 256 N. Y. 287 p. 140