Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event; and it is further,
Ordered that the appeal from the order is dismissed as academic in light of the determination of the appeal from the judgment.
The then 12-year-old infant plaintiff, Donald Smith, was injured when he stepped on a pool skimmer lid at the home of his grandmother, Julia A. Brennan, and the lid flipped up, striking him in the groin....
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