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Keywords

plaintiffdefendantstatuteappealsustained

plaintiffdefendantverdict

Related Cases

Altz v. Leiberson, nan

Facts

In November 1917, the plaintiff was a tenant in the defendant's apartment house in New York City. She sustained injuries when a ceiling fell in her room, which the defendant had neglected to repair after being notified of the danger. The jury found in favor of the plaintiff, leading to an appeal by the defendant.

The plaintiff in November, 1917, was a tenant in the defendant's apartment house in the city of New York. She was injured while in her room by a falling ceiling, which the defendant, after timely notice of the danger, had omitted to repair.

Issue

Whether the landlord's failure to repair the ceiling constituted a breach of duty under the Tenement House Law.

The question to be determined is whether the omission was a breach of duty.

Rule

Under the Tenement House Law, landlords are required to keep all parts of a tenement house in good repair, extending their duty beyond just common areas to include individual tenant spaces.

‘Every tenement house and all the parts thereof shall be kept in good repair‘ (section 102).

Analysis

The court applied the Tenement House Law, emphasizing that the statute mandates landlords to maintain all parts of a tenement house, including those rented to individual tenants. The court noted that the law was designed to protect tenants, particularly those who may not be able to make repairs themselves, and that the landlord's failure to act after being notified of the defect constituted a breach of this duty.

The comprehensive sweep of this enactment admits of no exception. We are not at liberty to confine it to those parts of the building not included within the premises demised.

Conclusion

The court affirmed the judgment in favor of the plaintiff, holding that the landlord's failure to repair the ceiling was a breach of duty under the Tenement House Law.

The judgment should be affirmed with costs.

Who won?

The plaintiff prevailed in the case because the court found that the landlord had a statutory duty to repair the premises and failed to fulfill that duty, leading to the tenant's injury.

The unanimous affirmance at the Appellate Division carries with it the presumption that there is evidence to sustain the verdict.

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