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ELLIS v. DI CHIARA

38 A.D.2d 780 (1972)

Donald Ellis et al., Appellants, v. Anthony J. Di Chiara et al., Respondents

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

January 13, 1972

Judgment unanimously affirmed, with costs.

Memorandum:

Plaintiffs presented no evidence of negligence on the part of the defendants in maintaining their multiple residence. Section 174 of the Multiple Residence Law which requires an owner of a multiple residence to keep it in good repair does not impose liability without fault upon an owner as an insurer (Stoliker v. Crandall, 25 N.Y.2d 991, revg.

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