Judgment unanimously affirmed, with costs.
On this record, a question of fact was presented for determination by the trial court (Multiple Dwelling Law, § 37; Swain v. Gianone, 282 App. Div. 966). Respondent's intestate had died between the time of his examination before trial by appellants and the trial. It was not error to permit respondent to read in evidence portions of such examination, which examination had not previously been offered in evidence...
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