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ZAULICH v. THOMPKINS SQUARE CO.

10 A.D.2d 492 (1960)

August Zaulich, Respondent, v. Thompkins Square Holding Co., Inc., Appellant

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

May 10, 1960.

Attorney(s) appearing for the Case

Alexander E. Rosenthal of counsel upon appeal (Irving Segal, attorney), for appellant.

Seymour L. Colin of counsel upon appeal (George A. Grabow with him on the brief; Seligson & Rothman, attorneys), for respondent.

RABIN, J. P., STEVENS and BERGAN, JJ., concur with VALENTE, J.; McNALLY, J., dissents in part and votes to reverse and dismiss the complaint.

VALENTE, J.

Plaintiff was injured on May 9, 1956 when he fell to the street from the second-floor landing of a fire escape on the outside of a multiple dwelling owned by defendant at 418-420 East 6th Street, New York City. Plaintiff's employer was engaged to paint the outside window frames of the building and plaintiff was assigned the task. At the time of the accident he was descending from the third-floor landing...

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