Union Novelty Co. v. Elias Associates

. Judgment dismissing the complaint at the close of plaintiff’s case, unanimously reversed, on the law, and a new trial ordered, without costs to either party. In this property damage action plaintiff established, prima facie, a ground for recovery. It was entitled, therefore, to have its claim passed on by the jury, or to have defendant assume the burden of going forward. It was established that the water had accumulated on the roof from the bottom of the water tank exclusively maintained and operated by defendant owner and that it was such water which entered plaintiff’s premises. The…