DUFFY v. OWEN A. MANDEVILLE, INC.


3 A.D.2d 756 (1957)

Hugh A. Duffy et al., Respondents, v. Owen A. Mandeville, Inc., Appellant-Respondent, and William S. Malarick, Appellant

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

March 11, 1957


Judgment reversed on the law and the facts, with a separate bill of costs to each appellant, and complaint dismissed.

On May 10, 1951 appellant Malarick, a dentist, was a tenant of an apartment in a building owned by the corporate appellant under a written lease. The apartment was located on the second floor and was used by Dr. Malarick and other doctors for the conduct of their practices. There were two ways to reach the apartment. One was through a street-level...

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