Majority
p. 967Elizabeth 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
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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
- Kirshenbaum v. General Outdoor Advertising Co. 258 N. Y. 489 p. 968