ALZUGARAY v. MARKOWITZ

No. 63-399.

163 So.2d 8 (1964)

Caridad ALZUGARAY, Appellant, v. Mary MARKOWITZ, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 6, 1964.


Attorney(s) appearing for the Case

Fred Patrox, Alfred M. Carvajal, Miami, for appellant.

Tobin, Rubin & Salmon, Richard M. Gale, Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.


HORTON, Judge.

The appellant was a tenant in an apartment house owned by the appellee. She sued to recover damages for personal injuries occasioned by the falling of plaster from the ceiling in the bathroom of the apartment which she occupied. The appellee among other things interposed the defenses of assumption of the risk and contributory negligence. Upon the pleadings, depositions and affidavits the appellee moved for summary judgment which was granted and this...

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