Opinion
May 24, 1943.
Present — Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ.
The plaintiff, a tenant occupying the first floor of a two-family house, was injured by reason of a screen falling from a window on the second floor. The fall of the screen was caused by a defective hook fastened to the outside wall of the house, of which defect the owner had notice. From a judgment in favor of the plaintiff tenant, the defendant landlord appeals. Judgment unanimously affirmed, with costs. Under the facts here present, the landlord had control of the outer wall for the purpose of making repairs and the court's charge that his duty to make such repairs was nondelegable was correct. ( Yorra v. Lynch, 226 Mass. 153; Timlin v. Standard Oil Co., 126 N.Y. 514; Shines v. W. Y. Realty Corp., 284 N.Y. 647; Zolezzi v. Bruce-Brown, 243 N.Y. 490, 497.)