Schachter v. Cohen

The infant plaintiff sustained injuries by falling on a stairway in a two-family house, which stairway, it is claimed, was defective. The defendant owners lived on the first floor and rented the second floor to the parents of the plaintiff. The owners made use of the stairway once a year to go to the roof to paint the same and at other times to respond to requests for repairs in the second floor apartment. Otherwise the tenants were the only persons who used the stall way. The record fails to establish that the landlords had control of the stairway in this house, which is not a tenement…