Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant 701 Seneca Street, Inc., to abide the event.
Memorandum:
The trial court erred in refusing to receive proof as to the operable condition of the elevator and its safety devices shortly after the happening of the accident in which plaintiff's intestate lost his life (Richardson, Evidence [9th ed.], § 198). In view of the conflicting testimony...
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