Opinion
Argued January 8, 1945
Decided February 21, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
Jay Leo Rothschild and Abraham Rotwein for appellant.
John P. Carson and Reginald V. Spell for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, THACHER and DYE, JJ. CONWAY and DESMOND, JJ., dissent on the ground that under the terms of this lease requiring, as it did, that the landlord "make all exterior repairs", the landlord should be held to have been "in charge of" the exterior of the building and to have failed to comply with section 202 of the Labor Law.