Deutsch v. National Properties, Inc.

Determination of the Appellate Term affirming judgment of the City Court, unanimously modified to the extent of dismissing the complaint, upon the law and the facts, as to the defendant-appellant, 125 Maiden Lane Building Company and remanding to the Civil Court for an assessment of damages against the remaining defendants-appellants, without costs. Plaintiff failed to establish a cause of action against the owner, 125 Maiden Lane Building Company, and its motion to dismiss at the close of plaintiff’s case should have been granted. (Hyman v. Barrett, 224 N. Y. 436; May v. liy2 East 49th St.…