Sadowsky v. Levine

PEARSON, TILLMAN, Chief Judge

(dissenting).

The conclusion which I have reached in this case is contrary to that reached by the majority. While I recognize the strong *777possibility that their reasoning is correct, I must respectfully dissent and briefly set out my reasons.

The general rule which I find applicable is that if the lessee-knows the common approaches to his apartment have been made dangerous for use by the lessor’s failure to perform his duty to maintain them in a safe condition, the lessee’s knowledge of the dangerous condition will not put him in contributory fault as a matter of law…