Fink v. 37 West 36th Street Co.

Dore, J. (dissenting).

Plaintiff, a window washer, at the request and for the benefit of the lessee of a store in premises 37 West Thirty-sixth street, New York city, was engaged in washing the inside of the store window, when the plate glass fell outward and crashed on the sidewalk injuring plaintiff who fell with the window glass. Kaiser, the tenant, was lessee in possession and control of the store premises under a written lease from defendant landlord.

At the close of the case, after both sides had rested, the trial court on motion of defendant landlord dismissed the complaint upon…