Sterger v. Van Siclen
New York Supreme Court
Appeal from circuit court, Kings county. Action for personal injuries by Wilheimine Sterger against J. Wyckoff Van Siclen. While visiting a tenant of defendant, as plaintiff was descending a stairway, one of the stairs broke through under her feet, and she sustained serious injuries. It appeared that a month before the accident occurred the defendant remitted a portion of the rent as payment to the tenant for repairing the defect in the stairway which caused the injury.
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Appeal from circuit court, Kings county. Action for personal injuries by Wilheimine Sterger against J. Wyckoff Van Siclen. While visiting a tenant of defendant, as plaintiff was descending a stairway, one of the stairs broke through under her feet, and she sustained serious injuries. It appeared that a month before the accident occurred the defendant remitted a portion of the rent as payment to the tenant for repairing the defect in the stairway which caused the injury. At the close of the evidence the court ordered plaintiff’s complaint dismissed, and from a judgment entered in accordance…
1Opinion of the CourtPratt, J.
It sufficiently appears that in May previous to the accident de-
fendant engaged the tenant to repair the defect in the stairs, and remitted two-dollars from the rent of that month, to compensate the tenant for doing that work. The defect was a trifling one, and the two dollars would seem to be ample. It seems clear that, as between the tenant and those claiming under him, no action would thereafter lie against the landlord for injuries occasioned by that defect. The duty to repair seems to have been assumed by the tenant. The plaintiff was a visitor to the family of the tenant, and was…
2Cited by1 opinion
- Taylor v. Town of ConstableNew York Supreme Court · 1890