XAVIER v. GRUNBERG


67 A.D.2d 632 (1979)

Mireille Xavier, Respondent, v. Fanny Grunberg et al., Appellants

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

January 9, 1979


On September 1, 1974, the plaintiff, Mireille Xavier, was visiting a friend living in an apartment house owned by the defendants Grunberg and located on Riverside Drive in New York City. The plaintiff claims to have been injured when a bedroom ceiling collapsed on her. During the course of the trial, plaintiff's proof of notice varied significantly from that claimed in the pleadings. The bill of particulars specified that the landlord had constructive notice of the defective...

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