Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event.
In our opinion, the present record discloses that plaintiff failed to prove, by a fair preponderance of the circumstantial evidence adduced, the theory of liability upon which this action was tried and submitted to the jury. The plaintiff, an employee of the general contractor (the third-party defendant Joroff), undertook to prove: (a) that defendant Gelfand, a roofing...
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