Judgment reversed on the law, without costs, and complaint dismissed, without costs. The findings of fact are affirmed. The holdings in the cases of 122 East 40th St. Corp. v. Dranyam Realty Corp. (226 App. Div. 78) and Weinstein v. Weisser (240 App. Div. 724) should be limited to the facts therein.
In neither of them was there an issue of curb level versus natural level of the ground. To apply rigidly the rule enunciated in those cases to the one at...
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