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COLONTINO v. UNITED STATES FID. & GUAR. CO.

9 A.D.2d 926 (1959)

Rose Colontino et al., Respondents, v. United States Fidelity and Guaranty Company, Appellant

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

December 28, 1959

Judgment affirmed, with costs.

No opinion.

Ughetta, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum:

Respondents Rose and Peter Colontino, husband and wife, own the house in which they live. On August 23, 1956 their tenant on the ground floor was visited by a neighbor, and by a four-year-old child and her mother. Midway on a 10-step common stairway, the child fell from its unguarded...

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