Appellate Division of the Supreme Court of New York, 1938

Mazzu v. Darojo Realty Co.

Mazzu v. Darojo Realty Co.
Appellate Division of the Supreme Court of New York · Decided March 9, 1938
254 A.D. 633; 3 N.Y.S.2d 90; 1938 N.Y. App. Div. LEXIS 6794
Mazzu v. Darojo Realty Co.

Opinion of the Court

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The court erroneously allowed the jury to predicate negligence on the defendant’s violation of a common-law duty (irrespective of the building ordinances) to furnish proper exits. In our opinion no such duty toward this plaintiff existed. The only basis for a finding of negligence in this case on the record before us is in the violation *634of the applicable provisions of the building code or ordinance. All concur. (The judgment is for plaintiff in an action for personal injuries sustained while escaping from a fire in a rooming house. The order denies a motion for a new trial.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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