Ordered that the order is reversed, on the law, and a new trial is granted, with costs to abide the event.
The plaintiff allegedly injured himself when he tripped and fell over a brick lying on an unbarricaded, torn-up sidewalk near a construction site. Following the close of the plaintiff's case the defendant moved to dismiss the complaint, arguing that the plaintiff failed to prove a prima facie case. In support of its argument, the defendant, relying upon Weigand...
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