Booth v. Meyer

From a judgment recovered by plaintiff in an action for personal injuries the defendants appeal. Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. The premises where the accident happened do not constitute a “ multiple dwelling,” as defined in chapter 713 of the Laws of 1929, popularly known as the “ Multiple Dwelling Law.” Consequently it was error for the court to submit to the jury the question of defendants’ liability on the theory of the duty to keep in repair under that law. The verdict, based upon *832two theories, one of which should not have…