Mercadante v. Aldorasi

By the Court.

This is an action of tort to recover compensation for personal injuries alleged to have been received *597through the negligent failure of the defendant to maintain in good condition a stairway in a building owned by him. After default damages were assessed in favor of the plaintiff for a substantial sum. The defendant then filed a “motion in arrest of judgment," setting forth that he was defaulted without fault on his part or negligence of his counsel, that the plaintiff fraudulently procured the damaging of the step in the staircase on which he contended that he was injured, that…