TOWLE v. KAPLAN


278 A.D. 1001 (1951)

Alex Towle, Appellant, v. Sol Kaplan et al., Respondents

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

June 29, 1951.


Plaintiff leased a one-family residential house from the individual defendant, who later conveyed the premises to the corporate defendant. As lessee plaintiff agreed to make any necessary repairs. He was injured by reason of an alleged defective condition of a sunken pit in the cellar. The complaint was dismissed on the theory that plaintiff was in full control and possession of the premises. Plaintiff urges that under the Federal Emergency Price Control Act of 1942 (U. S...

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