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256 A.D. 840

Berretta v. Schroeder

Appellate Division of the Supreme Court of the State of New York · decided 1939-01-30

Relies on Campbell v. Elsie S. Holding Co.

Decided 1939-01-30

¶1The plaintiff sought to recover damages for personal injuries resulting from a fall on a stairway of a two-family house. Plaintiff had been a tenant of the upper floor for about three years; and the negligence alleged was a structural defect existing during that period. The complaint was dismissed on the trial. Judgment unanimously affirmed, with costs. (See Campbell v. Holding Co., Inc., 251 N. Y. 446; Vousden v. United Cities Realty Corporation, 194 App. Div. 26.) Present — Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ.

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