Judgment affirmed insofar as it is in favor of defendant Monitor Plumbing & Heating Co., Inc., without costs; and, as to defendant Dartwood Realty Co., Inc., judgment reversed, on the law, action severed, and new trial granted, with costs to abide the event.
In our opinion the proof raised a question for the jury as to whether defendant Dartwood Realty Co., Inc., violated subdivision (i) of rule 23.3 of the Industrial Code (12 NYCRR 23.3, subd. [i]). If it did...
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