Mark v. Belrose Corp.

WILSON, Justice.

Summary judgment was rendered for defendant landlord in plaintiff-tenants’ action seeking damages for personal injuries resulting from the landlord’s failure to repair the rented premises after an agreement to do so.

Lessor answered that plaintiffs had superior knowledge of the condition of the premises, knew the risks attendant to their use, and that recovery was precluded by assumption of risk and voluntary exposure to known danger. It alleged the tenants’ conduct in these and other respects was negligent. The pleadings, the depositions of plaintiffs and the realty agent of…