PER CURIAM.
This was a negligence action arising out of plaintiff's alleged injury in the collapse of a fire escape at his apartment. A jury returned a verdict of no cause of action and plaintiff now appeals by right.
Plaintiff requested, and the trial court refused to give, the following instruction:
"Continuation of a Tenant's Rights Until Eviction
"In this case, there was undisputed testimony that Mr. Falconer was not evicted from his apartment...
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