HOWELL v. GAGLIANO


52 A.D.2d 1040 (1976)

Thomas Howell et al., Respondents, v. Joseph Gagliano, Appellant

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

May 21, 1976


Order unanimously affirmed, without costs.

Memorandum:

Defendant appeals from an order of Supreme Court, Monroe County which denied defendant's motion for an order granting summary judgment. Plaintiff, Diane Howell, was injured when she fell from a porch attached to a home in which she and her husband were tenants of defendant, the owner, under the terms of a month-to-month tenancy. Defendant's motion for summary judgment was based on the grounds that there...

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