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HARRINGTON v. 615 W. CORP.

2 N.Y.2d 476 (1957)

Elizabeth Harrington et al., Respondents, v. 615 West Corp., Appellant-Respondent, and David Katz et al., Doing Business as Starlight Painting Company, Appellants.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

James A. Doherty, Jr., for David Katz and another, appellants.

Arthur C. Parker and William J. Tropp for appellant-respondent.

Alan L. Levy and Lawrence R. Wild for respondents.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL and BURKE, JJ., concur with VAN VOORHIS, J.; FULD, J., dissents in an opinion.

VAN VOORHIS, J.

This action is to recover damages for personal injuries sustained by plaintiff, Elizabeth Harrington, when she tripped on a rope and fell on the roof of an apartment house owned by defendant, 615 West Corp. Mrs. Harrington was not a trespasser. She and her husband were tenants in the apartment house and were permitted by the landlord, in common with other tenants, to use the roof as a place for...

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