Coleman v. Steinberg

The opinion of the court was delivered by

Francis, J.

In this tort case sounding only in negligence, the infant plaintiff, son of a tenant, sought damages against defendants-landlords for injuries suffered in the apartment rented to his parents. Uo per quod claim was interposed by the parents. Upon trial, at the close of plaintiff’s proof, defendants’ motion for involuntary dismissal was granted on the ground that no actionable negligence had been shown. On appeal the Appellate Division, with one judge dissenting, reversed and remanded for a new trial holding that a jury question was presented…