Opinion
April 6, 1942.
On reargument, order of the County Court of Westchester County dismissing the complaint at the close of plaintiffs' case, and the judgment entered thereon, reversed on the law and the facts and a new trial ordered, with costs to appellants to abide the event. There was proof from which a jury might find that the painting done by defendant in April, 1938, caused the casement window to stick, as a result of which plaintiff wife was injured, and that, therefore, defendant was negligent. The question of contributory negligence was also a question for the jury. The clause in the lease relieving the landlord of responsibility in case of negligence is void. (Real Property Law, § 234.) Lazansky, P.J., Hagarty, Carswell, Adel and Taylor, JJ., concur.