Maschoff v. Koedding

DOERNER, Commissioner.

The only point presented in this appeal is whether a submissible case was made by plaintiff, a tenant in defendants’ apartment house, who was injured when he fell on snow covered steps used in common by all of the tenants. For the reasons to be stated we hold that he did.

The essential facts disclosed by the evidence are these: for about three and one-half years preceding the day on which plaintiff fell he occupied an apartment in defendants’ multiple family building under a written lease. That instrument provided, in part, that defendants agreed to “ * * * ‘supply at no…