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McANDREW v. 5905 BROADWAY REALTY CORP.

282 A.D. 757 (1953)

Margaret R. McAndrew, Respondent, v. 5905 Broadway Realty Corp., Appellant 5905 Broadway Realty Corp., Third-Party Plaintiff-Respondent, v. Graphire Corporation, Third-Party Defendant-Appellant

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

July 7, 1953.

Since the record discloses that the Graphire Corporation as tenant was in possession of the entire premises owned by 5905 Broadway Realty Corp., the structure was not a "Tenant-factory building" as defined by subdivision 2 of section 315 of the Labor Law, for which the owner had a continuing statutory duty to provide proper hand rails and stairways (Labor Law, § 272, subd. 2, read in connection with § 316). Liability of the landlord to the tenant could therefore...

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