GELARDO v. ASMA REALTY CORP.


137 A.D.2d 787 (1988)

Thomas Gelardo, Jr., Appellant, v. ASMA Realty Corp., Respondent

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

February 29, 1988


Ordered that the judgment is affirmed, with costs.

The plaintiff was injured when a step collapsed while he was ascending an interior stairway in a tavern he managed. The tavern, owned and operated by Gaetano Gizzo (hereinafter the tenant), was located in a building owned by the defendant (hereinafter the landlord). The only entry to the stairway was through a trap door behind the bar on the first floor of the building. It led to the basement exclusively used by the...

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