Appellate Division of the Supreme Court of New York, 1937

Zolla v. Young Women's Christian Ass'n

Appellate Division of the Supreme Court of New York · Decided March 1, 1937

250 A.D. 139; 293 N.Y.S. 751; 1937 N.Y. App. Div. LEXIS 8287

Counsel

Harry T. Thurschwell [Jules Berg with him on the brief], for the appellant., Elliott W. Smith, for the respondent.

Opinion of the Court

Per Curiam.

The action is for personal injuries, brought by

the plaintiff, a visitor to a tenant on the upper floor of a two-family house, against the assignee of rents, operating the premises *140as landlord. Judgment was entered in favor of the defendant after a trial before the court without a jury.

The stairway where the accident happened was under the exclusive control of the tenant, and the landlord is not liable for an injury resulting from a defect in such stairway. (Kisten v. Koplowitch, 207 App. Div. 642; Kane v. Williams, 140 id. 857; Cuttings v. Goetz, 256 N. Y. 287.)

The judgment should be affirmed, with costs.

Present ■— Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ.

Judgment for defendant unanimously affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.