Grau v. John McNulty & Sons Holding Co.

Although the erection of a metal smokestack in April, 1929, by the corporate defendant was a compliance with section 392, subdivision 9, paragraph (a), of the Building Code (N. Y. Code of Ord. chap. 5, art. 19) in force at the time, nevertheless, the duty devolved upon it to keep it in repair.

Five years after its erection the metal smokestack became rusted and dilapidated, and finally broke apart. The evidence shows *2that the broken part extended from the chimney on the plaintiff’s dwelling house across the three-foot space over the plaintiff’s land to the east wall of the apartment house…