Koch v. Brody

In an action to recover damages for personal injuries sustained in a fall on a stairway in a garden-type apartment against Deepdale Gardens First Corp., owner of the premises, and Frank Brody, the lessee of an apartment therein, Deepdale served a cross complaint on Brody alleging active negligence on his part. The appeal is from an order granting a motion to dismiss the cross complaint. Order unanimously affirmed, with $10 costs and disbursements. The cross complaint fails to state facts sufficient to support the inference that Brody, the lessee, is one who is or may be liable to Deepdale,…