Leon Zolla, Appellant, v. Young Women's Christian Association of Brooklyn, Respondent

Leon Zolla, Appellant, v. Young Women’s Christian Association of Brooklyn, Respondent. Second Department, March 1, 1937. Harry T. Thurschwell [Jules Berg with him on the brief], for the appellant. Elliott W. Smith, for the respondent. [MAJORITY — Per Curiam.] Per Curiam. The action is for personal injuries, brought by the plaintiff, a visitor to a tenant on the upper floor of a two-family house, against the assignee of rents, operating the premises as landlord. Judgment was entered in favor of the defendant after a trial before the court without a jury. The stairway where the accident happened was under the exclusive control of the tenant, and the landlord is not liable for an injury resulting from a defect in such stairway. (Kisten v. Koplowitch, 207 App. Div. 642; Kane v. Williams, 140 id. 857; Cuttings v. Goetz, 256 N. Y. 287.) The judgment should be affirmed, with costs. Present ■— Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ. Judgment for defendant unanimously affirmed, with costs.