Determination of Appellate Term and judgment of Municipal Court reversed, on the law and on the facts, and a new trial ordered, in the exercise of discretion, with costs to appellant to abide the event.
The action is for damage to property by water. It is claimed that mud seeped through a hole in a cellar wall. The cellar was rented by plaintiffs and they had merchandise stored there. There is no claim that defendant caused the hole in the wall. Defendant was engaged...
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