Dubiner's Bootery, Inc. v. General Outdoor Advertising Co.

Judgment appealed from unanimously reversed on the law and on the facts to the extent of directing a new trial on the limited issue of damages, unless plaintiff stipulates to reduce the recovery to the sum of $13,672.80, in which event the judgment as so modified is affirmed, with costs to appellant in either event. There is ample proof that defendant’s negligence proximately caused damage to the plaintiff and that defendant had control of the roof and a duty to maintain it (see Spencer v. McManus, 5 Misc. 267) and in fact from time to time had actually made repairs to the roof. The measure…