Barone v. 111 East 39th Street Corp.

Interlocutory judgment, Supreme Court, New York County, entered on June 2,1971, reversed, on the law, and vacated, and the case remanded for a new trial, with costs and disbursements to abide the event. In this closely contested action for personal injuries the issue was whether the replacement of a broken window sash chain was made in a negligent manner. The issue was further narrowed as to whether or not the stripping was replaced flush with the window or some inches away. Plaintiff volunteered the information that after the accident the stripping was properly placed. This was vigorously…