¶1Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the plaintiff made out a prima facie case. The evidence tends to show that the coping was insecure and dangerous and does not establish as a matter of law that the defendant owner had leased the premises and was out of possession and control thereof as defendant contends. All concur.
194 A.D. 978
Kappesser v. Hogan
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1920
Appellate Division of the Supreme Court of the State of New York · decided 1920-12-15
Decided 1920-12-15