Ordered that the order is affirmed insofar as appealed from, with costs.
During the course of repairing a leaking boiler at the defendant's premises, the injured plaintiff slipped and fell on water that had accumulated on the floor of the boiler room as a result of the leak and the additional release of water during the repair. The Supreme Court properly granted that branch of the defendant's motion which was to dismiss the plaintiffs' common-law
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