Allen v. Watson (275 A.D.2d 1046, 1949)

Plaintiff, a tenant of the upper-floor apartment in a two-family house owned by defendant, fell on a stairway leading up to his apartment. The evidence of plumbing repairs in plaintiff’s apartment at some time prior to the time of the accident created an issue of fact with respect to defendant’s control of the demised premises. (Beische v. Montgomery, 273 App. Div. 824.) Carswell, Acting P. J., Johnston,- Sneed, Wenzel and MacCrate, JJ., concur.