MUSCELLI v. CITY OF NEW YORK


7 A.D.2d 1016 (1959)

Dominick Muscelli, Appellant, v. City of New York, Defendant, and New York City Housing Authority, Respondent

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

March 16, 1959


Judgment reversed and a new trial granted, with costs to appellant to abide the event.

There was overwhelming proof of respondent's violation of section 37 of the Multiple Dwelling Law with respect to artificial lighting and of respondent's consequent negligence. Appellant was required to go up the stairs from the fifth to the sixth floor to reach his apartment. The violation of the statute was the cause of this accident and not appellant's failure to obtain help...

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