Del Pino v. Gualtieri

This is an appeal from a judgment of non-suit entered in appellant’s action for damages for personal injuries sustained in a fall on the basement stairs of a one-family home she had leased from respondent. Appellant contends that she was entitled to amend her complaint to state an additional cause of action for breach of warranty of personalty, and that she had presented sufficient evidence of respondent’s violation of the State Housing Law and county building ordinances to let the matter of liability go to the jury.

Viewing the evidence in the light most favorable to appellant, as we must on…