Judgment reversed, on the law, and new trial granted, with costs to abide the event.
No fact questions have been raised or considered on this appeal. It was error for the trial court to exclude the testimony of Mr. Perez, the original lessee of the store, as to the condition of the basement a short time after the occurrence of the accident (see, e.g., Gray v Siegel-Cooper Co., 187 N.Y. 376, 381-382; Richardson, Evidence [Prince, 10th ed...
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