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SCHEIREK v. IZSA

26 N.J. Super. 68 (1953)

97 A.2d 167

CHARLES SCHEIREK, PLAINTIFF-APPELLANT, v. FABIAN IZSA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1953.

Attorney(s) appearing for the Case

Mr. J. Mortimer Rubenstein argued the cause for appellant (Messrs. Rubenstein & Kosoff, attorneys).

Mr. Louis Santorf argued the cause for respondent (Mr. J. Chester Massinger, attorney).

Before Judges EASTWOOD, BIGELOW and JAYNE.

The opinion of the court was delivered by JAYNE, J.A.D.

The plaintiff, an elderly man of 73 years of age, had for a period of 14 years occupied as a tenant a modest apartment on the second floor of No. 73 Dayton Avenue, Passaic, New Jersey. There was only one stairway available for the common use of the tenants of the apartments situate on the second floor. The stairs had been constructed of wood, and throughout at least...

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