Hildebrand v. Kazmierczak

Judgment unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to any party. Memorandum: Plaintiff was injured when she fell while walking along the sidewalk in front of the premises owned by defendant, Kazmierozak. Borne months before the latter had contracted with the codefendant, Sectional Home & Garage Works, Inc. (Sectional) to construct a new concrete sidewalk. Sectional had subcontracted the work to the third-party defendant, Michienzi. The cause of action alleged in the complaint was that the defendant, owner, had hired Sectional to repair the…