Schaaf v. Rochester Trust & Safe Deposit Co.

Judgment affirmed, without costs of this appeal to either party. Memorandum: Plaintiff claims that under the Tenement House Law there should have been a railing along the sidewalk on which he slipped and fell. Even if the premises be considered as a tenement house, a railing is not required along outside steps or walks. (Indinali v. Lerner, 243 App. Div. 735; Hunter v. G. W. H. W. Realty Co., Inc., 247 id. 385.) As the entire premises at No. 29 Inwood Place had been leased to a tenant and the defendant did not retain control of any part thereof, the defendant is not liable for any injuries…