Manto v. Amalfi

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: This appeal presents the issue as to the correctness of the instructions of the trial court relating to the existence of the relationship of landlord and tenant between the parties to the action. Plaintiff leased a room from defendant on a weekly basis and received injuries alleged to have been caused by the defective condition of the premises. The pertinent proof as to termination of the tenancy was given by the defendant landlord. His testimony was that two…