Appeal from order dismissed as academic, in view of the determination herein on the appeal from the judgment; and judgment reversed insofar as appealed from, on the law and the facts, and severance of action granted as to plaintiff's complaint, with costs to abide the event of the new trial.
Plaintiff was the proprietor of a pastry shop in a building owned by defendant. Above the shop were located a number of apartments which defendant was remodeling. To complete...
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