Kern v. Stuczkewicz — 225 N.Y. 692

Majority

p. 692

Barbara Kern, Respondent, v. Martin Stuczkewicz, Appellant.

Headnote

Kern v. Stuczkewicz, 173 App. Div. 920 , affirmed.

(Argued January 17, 1919;

decided February 4, 1919.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1916, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence

p. 693

of defendant. Plaintiff tripped and fell over certain iron doors in the sidewalk in front of defendant’s premises. It was shown that they were defective. Defendant contended that the continuous possession and control of the entire property under two leases had been in two tenants for more than six years prior to the accident, and that, therefore, the owner could not properly be held liable as a matter of law for the plaintiff’s injuries.

John M. Stull for appellant.

Hampton H. Halsey for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.