Order reversed, with $10 costs and disbursements, motion granted, and matter remitted to the Special Term for further proceedings in accordance with the views expressed herein.
In support of the motion it was shown by the affidavit of an apparently disinterested eyewitness, and by the deposition of respondent's employee taken in an examination of respondent before trial that, in the interior of premises occupied by appellant, a heavy and large piece of machinery,...
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