Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.
The plaintiff was injured when a vacant building owned by the defendant collapsed on top of him. The building, located at 460-½ Hart Street in Brooklyn, had previously been sealed, and was awaiting demolition. The plaintiff had stepped into the building to get out of the rain when it collapsed.
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