
    Rose McShaffrey, an Infant, by Edward McShaffrey, Her Guardian ad Litem, Respondent, v. Bernard Drucker, Appellant.
    
      Negligence — apartment house — defective stairway — injury to tenant.
    
    
      McShaffrey v. Drucker, 207 App. Div. 815, affirmed.
    (Submitted April 14, 1924;
    decided May 13, 1924.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1923, modifying and affirming as ° modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that wrhile plaintiff was descending the stairs of an apartment house owned by defendant in which she lived with her parents one of the steps gave way causing her to fall and resulting in the injuries complained of.
    
      James J. Mahoney and George J. Stacy for appellant.
    
      Henry A. Steinbock and Grant Hoerner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ!  