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NICKS v. JOSEPH

82 A.D.2d 768 (1981)

Mary Nicks, Respondent, v. Lawrence M. Joseph et al., Defendants Respondents-Appellants and Third-Party Plaintiffs Respondents-Appellants. Klein's Department Stores, Inc., et al., Third-Party Defendants Appellants-Respondents

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

June 18, 1981

Plaintiff suffered injuries when she fell on a wet stairway in premises leased by the defendant third-party plaintiff to her employer, the third-party defendant. We find that the evidence was sufficient to justify submission of the issue of the lessor's liability to the jury. The record contains ample evidence of a long-existing defective condition in the roof or skylight, which condition permitted water to seep through the ceiling...

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