Mustacchio v. Brooklyn Trust Co.

Action to recover damages for personal injuries sustained when plaintiff fell from a window of the upper apartment of a two-family house while he was engaged in replacing a broken light of glass.

The facts alleged in the complaint and established by the proof were susceptible of a finding of liability on the theory of nuisance as well as of negligence. The rule of liability relating to the existence of a nuisance where a month to month tenancy is involved would be applicable herein if the question of duty of a tenant to make repairs were pertinent. (Bronheim v. Kelleher, 257 App. Div. 849;…