Judgment in favor of plaintiff for $5,256.41, unanimously reversed, on the law and on the facts, and a new trial ordered in the interests of justice, without costs.
Plaintiff's complaint and bill of particulars allege and the case was tried on the theory that the defendant was negligent in failing to repair the toilet-box chain. If plaintiff slipped and fell because of a wet condition or a broken board, then, since defendant is not charged with negligence in these...
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