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Berretta v. Schroeder

256 A.D. 840 Court N.Y. App. Div. Decision date 1939-01-30 English

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p. 840
Salvatore Berretta, Appellant, v. William H. Schroeder, Respondent.

The plaintiff sought to recover damages for personal injuries resulting from a fall on a stairway of a two-family house. Plaintiff had been a tenant of the upper floor for about three years; and the negligence alleged was a structural defect existing during that period. The complaint was dismissed on the trial. Judgment unanimously affirmed, with costs. (See Campbell v. Holding Co., Inc., 251 N. Y. 446 ; Vousden v. United Cities Realty Corporation, 194 App. Div. 26 .) Present — Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ.

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