ROSARIO v. KOSS


26 A.D.2d 590 (1966)

Thomas Rosario, an Infant, 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 27, 1966


On the court's own motion, the court's memorandum decision and order dated June 13, 1966 are amended so as to show therein that the concurrence by Mr. Justice RABIN in reversal of the judgment and in ordering a new trial is not upon the memorandum in said decision but upon the following memorandum: I concur for reversal on the sole ground that the landlord's promise to make repairs to this two-family dwelling tendered a question of fact as to whether he reserved such a measure...

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