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ADDIE SECOR, Respondent, v. SAMUEL LEVINE, Defendant, and JULIUS WATSKY, Appellant.

Action to recover damages for personal injuries suffered by the plaintiff when she fell on the icy steps in the front of a house in which she resided as a member of the family of a tenant. The appealing defendant, under a contract with the owner of the building, constructed the roof of the porch and the adjacent gutters in such a manner that water flowed therefrom onto the steps. Order denying appellant's motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action reversed on the law, with $10 costs and disbursements, and the motion granted, without costs. The complaint does not allege actionable negligence on the part of the appellant. Lewis, P.J., Hagarty, Carswell, Adel and Nolan, JJ., concur. [See post, p. 932.]

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SECOR v. LEVINE
(Dec 16, 1946)