LA MOUNTAIN v. CARLSON


2 A.D.2d 798 (1956)

Harold La Mountain, Respondent, v. Marion Carlson, Appellant

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

July 10, 1956


Plaintiff testified that as he raised a window in an apartment rented from defendant, the moulding encasing the window on one side broke off, so that the window came out on that side and struck him, causing him to stagger backward, and that he stepped forward to grasp some support and fell through the open window to an alleyway below, fracturing his jaw and sustaining some other injuries. Although previously the window would remain open only if propped, on this occasion,...

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