Appellate Division of the Supreme Court of the State of New York October 7, 1938 (Aubry v. Ashland Realty Co.)

Dowling, J.

Defendant owns a sixteen-family tenement house on the southwest corner of Elmwood avenue and Tracy street, Buffalo, N. Y. In February, 1937, it leased to Joseph J. Aubry, Jr., a five-room apartment on the third floor, the living room of which faced Elmwood avenue. In this room there are three windows of the usual type. When Mr.