Appellate Division of the Supreme Court of New York, 1944

Rosine v. Richmond County Federal Savings & Loan Ass'n

Rosine v. Richmond County Federal Savings & Loan Ass'n
Appellate Division of the Supreme Court of New York · Decided March 20, 1944
267 A.D. 916; 47 N.Y.S.2d 177; 1944 N.Y. App. Div. LEXIS 5501
Rosine v. Richmond County Federal Savings & Loan Ass'n

Opinion of the Court

— Action to recover damages for personal injuries suffered when the tenant in a one-family house slipped and fell on a loose tread on the front porch steps, and for loss of services. Judgment, entered on the verdict of a jury in favor of plaintiffs, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The facts are affirmed. As a matter of law the defeetiye • condition was discoverable upon *917a reasonable inspection, and the owner out of possession is not liable for damages to the tenant resulting therefrom. Close, P. J., Carswell, Adel, Lewis and Aldrich, JJ., concur.

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