CASIANO v. MORGAN


1 A.D.2d 646 (1956)

Alicia De Casiano et al., Respondents, v. Sarah E. Morgan, Appellant, et al., Defendant

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

June 26, 1956.


Attorney(s) appearing for the Case

Patrick E. Gibbons of counsel (Galli & Locker, attorneys), for appellant.

Milton N. Redman of counsel (Redman & Rogers, attorneys), for respondents.

BOTEIN and RABIN, JJ., concur; PECK, P. J., and BREITEL, J., dissent and vote to affirm.


COX, J.

This action was brought to recover damages for personal injuries sustained by plaintiff Alicia De Casiano — as the result of a fall, after tripping on the stairway of a factory building where she was employed — against the tenant Rosenblum who controlled the stairway, and the landlord Morgan for violation of a statutory duty.

On the trial, the complaint was dismissed as against Morgan and the case as against Rosenblum resulted...

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