New York Court of Appeals

Rose Appel, an Infant, by Yetta Appel, Her Guardian Ad Litem, Respondent v. Etta M. Muller, Appellant, Impleaded…

July 11, 1933262 N.Y. 278

Summary

The New York Court of Appeals affirmed the judgment against both the building owner and the tenant, holding that the owner retained a duty to keep the premises safe for the traveling public because the lease reserved the right to enter and make repairs. The court reasoned that the owner's failure to repair a broken window after notice made him liable for the plaintiff's injuries.