ROSARIO v. KOSS


26 A.D.2d 561 (1966)

Thomas Rosario, an Infant by Mary Rosario, His Guardian ad Litem, et al., Appellants, v. Gertrude Koss, as Executrix of David Koss, Deceased, Respondent

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

June 13, 1966


Judgment reversed, on the law and the facts, with costs, and new trial ordered.

Findings of fact which may be inconsistent herewith are reversed. The learned trial court held that the subject premises constituted a two-family house, not subject to the Multiple Dwelling Law; that there had been no express covenant to repair by the landlord (defendant's testator); and that the premises did not constitute a nuisance within the ambit of sections 564-15.0 and C26-193.0...

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