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; Cullings v. Goetz, 256 N.Y. 287.)
The judgment should be affirmed, with costs.
PER CURIAM.
Judgment for defendant unanimously affirmed, with costs.