Meizlik v. Benderson Development Co.

Judgment in favor of Benderson Co., Inc., unanimously reversed and jury verdict in favor of plaintiffs reinstated and otherwise judgment affirmed, with costs to plaintiffs against Benderson Co. Memorandum: Plaintiffs and defendant Wayside Nursery, Inc. (Wayside) were tenants of defendant Benderson Development Co., Inc. (Benderson) in a commercial building in the Town of Amherst. On November 3, 1968 the structure was destroyed by *677fire. Plaintiffs brought this action alleging negligence on the part of Bender-son in failing properly to secure a shed at the rear of the building so as to prevent…