Judgment unanimously reversed in the exercise of discretion, without costs of this appeal to either party, and a new trial granted.
Memorandum:
At the close of plaintiffs' case, defendant moved for a nonsuit and dismissal of plaintiffs' complaint on the ground that the defendant (landlord) had not retained control of the part of her premises occupied by plaintiffs (tenants) sufficient to give rise to tort liability for injuries caused by a defective condition...
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