LINHARES v. SCHIMMELPFENNIG


278 A.D. 830 (1951)

Fay Linhares et al., Respondents, v. Marie Schimmelpfennig, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 7, 1951.


Judgment and order unanimously affirmed, with costs.

Plaintiff wife's injuries were sustained when the ceiling in a bedroom in an apartment in the defendant's house in Bay Shore, Long Island, fell upon her. There was ample evidence to support the implied finding of the jury that the cause of the accident was that the portion of the roof of the building directly over the room in question was defective. Although the plaintiffs admitted that the condition of the roof...

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