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Orenstein v. Bankers Trust Co.

294 N.Y. 673 Court N.Y. Decision date 1945-02-21 English

Contents

Majority

p. 673
Isidore Orenstein, Appellant, v. Bankers Trust Company, as Trustee, Respondent, et al., Defendants.
Argued January 8, 1945;
decided February 21, 1945.
p. 674
Jay Leo Rothschild and Abraham Rotwein for appellant.
John P. Carson and Reginald V. Spell for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Lewis, Thacher and Dye, JJ. Conway and Desmond, JJ., dissent on the ground that under the terms of this lease requiring, as it did, that the landlord “ make all exterior repairs ”, the landlord should be held to have been “ in charge of ” the exterior of the building and to have failed to comply with section 202 of the Labor Law.

Statutes and regulations cited