← Cases

Jones v. Railroad Federal Savings & Loan Ass'n

263 A.D. 967 Court N.Y. App. Div. Decision date 1942-02-24 English

Contents

Majority

p. 967
Elizabeth Jones and Marvin Jones, Appellants, v. Railroad Federal Savings and Loan Association, Respondent.

Motion for reargument granted and reargument set down for Wednesday, March 4, 1942. [See ante, p. 898; post, p.-.] Section 102 of the Tenement House Law is not applicable. On the reargument, attention may be directed to the following: (a) Was the painting done by the landlord in April, 1938, a proximate cause of the accident; (b) did the landlord have control of the building, in so far as the painting of the exterior of the casement

p. 968
window was concerned; (e) if (b) should be answered in the negative, the liability of the landlord, having particular reference to the rule stated in Kirshenbaum v. General Outdoor Adv. Co. ( 258 N. Y. 489 ). Present — Hagarty, Carswell, Johnston, Taylor and Close, JJ.

Cases cited