Ordered that the judgment is reversed, on the law, and a new trial is granted on both liability and damages, with costs to abide the event.
The plaintiff was injured when the ceiling of a diner in which he was eating fell on him. We find that the evidence was insufficient as a matter of law to sustain the jury's verdict in the plaintiff's favor on the theory of the case as presented to it. The plaintiff failed to show that the defendants had actual or constructive...
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