Babba v. Yonkers National Bank & Trust Co.

(Altz v. Leiberson, 233 N. Y. 16.) Lazansky, P. J., Johnston, Adel and Close, JJ., concur; Taylor, J., dissents and votes to reverse the judgment and to dismiss the complaint with the following memorandum: The alleged liability of the landlord-defendant for injuries sustained by the infant plaintiff by reason of the fall of a ceiling within the apartment did not exist at common law. (Altz v. Leiberson, 233 N. Y. 16.) The question is whether a provision of the Yonkers Building *830Code, section 46, efficiently imposed such liability. I think not. Section 46 reads: “REPAIRS TO TENEMENT HOUSES:…