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CAMACHO v. TABAK

18 A.D.2d 609 (1962)

Maximino Camacho, Appellant, v. Morton Tabak, Defendant, and Bernard Tabak, Defendant-Respondent and Third-Party Plaintiff. Consolidated Edison Company of New York, Third-Party Defendant

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

December 4, 1962

MEMORANDUM BY THE COURT.

Judgment for defendant on dismissal of the complaint affirmed, with costs. The plaintiff, a vistor to a tenant in defendant's multiple dwelling, arrived after dark. He found the building in darkness due to an electrical failure. He managed to ascend the stairs and find the apartment he intended to visit. Here also there was no electric light, and the room was lit by candles. The condition continued and was unchanged when he left. He sought...

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