SULTANA v. CONNELLY


18 Misc.2d 459 (1959)

Anthony Sultana, Respondent, v. Frances M. Connelly, Appellant.

Supreme Court, Appellate Term, Second Department.

June 24, 1959.


Attorney(s) appearing for the Case

George J. Conway for appellant.

Filardi & Feiri for respondent.

Concur — PETTE, HART and BROWN, JJ.


Per Curiam.

It was error to charge as a matter of law that the defendant herein had the duty to inspect the premises. Upon the proof adduced, there was no duty imposed upon the owner to make inspections since there was nothing calculated to arouse her suspicions (see 2A Warren, Negligence, p. 382, § 7).

The judgment should be unanimously reversed upon the law and new trial granted, with costs to defendant to abide the event.

Judgment...

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