Soto v. City of New York

In an action to recover damages for personal injuries, the appeal is from a judgment dismissing the complaint on the opening statement to the jury by counsel for appellant. The appellant, a six-year-old child who resided with his family in a multiple dwell*962ing owned by respondent, sustained injuries when he walked backward In a playful manner until he approached the edge of the roof; his hand pressed against a chimney and a brick or bricks came loose, and he fell backward over the roof parapet down into the yard. The complaint alleged that respondent permitted the premises to remain in a…