Judgment reversed on the law and the facts, without costs, and complaint and amended third-party complaint dismissed. Appeal from order dismissed, without costs.
There could be no common-law recovery against Costan, which was out of possession and control of the premises where the accident occurred. If it be assumed that Costan had retained control, there was, nevertheless, no proof of notice to Costan of the alleged defect in the stairway. As to Rockwell and 80 De...
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