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SCHIERMEISTER v. KAHN

22 A.D.2d 829 (1964)

Margaret Schiermeister et al., Respondents, v. Robert S. Kahn, Appellant

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

November 30, 1964

Judgment affirmed, with costs.

We are of the opinion that the stairway and the step in question were not in the possession and control of the defendant owner. There is proof, however, sufficient to support a finding that the defendant owner, after commencement of the occupancy by the tenants, voluntarily undertook to repair a condition in the stairway leading to the basement portion of the tenants' apartment. The defendant...

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