Seligman v. Simon

Carey, Judge.

The question raised by defendants’ motion is whether the complaint sets forth circumstances justifying a finding that the landlord violated any duty she owed the plaintiff. We are not herein concerned with any possible liability of the tenants.

It is not argued that the terms of the lease concerning repairs have any material effect upon the landlord’s duties and responsibilities so far as this case is concerned. The plaintiff’s brief suggests two possible theories of liability. Urging that the entire ceiling is a matter of construction rather than repair, he argues that (1) a…