New York Court of Appeals

Virginia Ritto v. Molly Goldberg, as of Lewis Goldberg, Doing Business as 775 Realty Co., and Washing Machine…

November 19, 197027 N.Y.2d 887

Summary

The New York Court of Appeals held that the landlord was not liable under §78 of the Multiple Dwelling Law for the tenants' washing machines and affirmed the dismissal of the landlord's third‑party complaints. Because the jury was not instructed on a potential liability theory based on the landlord's reporting conduct, a new trial was ordered for the landlord's executrix. The appeals by the lessee and the repair service were dismissed for lack of jurisdiction under CPLR 5601.