Joseph Cullings, Appellant v. Edward Goetz, Defendant, and Elias Nickley, Respondents

Summary

The Court affirmed the Appellate Division, holding that a landlord's covenant to repair does not create a tort duty to a lessee's invitee; liability for the garage door injury is confined to the lessee who had exclusive possession and control. The decision rests on the prevailing majority view that occupation and control, not a repair promise, give rise to tort liability.