Cuevas v. 73rd & Central Park West Corp.

Capozzoli, J. (dissenting).

I dissent and vote to reverse the judgment herein and for a new trial.

This is an action to recover damages for personal injuries sustained by the infant plaintiff when a metal grating covering a sidewalk vault was dislodged by another child and fell on the infant plaintiff’s hand; and by the infant’s father for medical expenses and loss of services.

The action was brought against the 73rd & Central Park West Corp., the owner of the multiple dwelling of which the vault and *243metal grating were part, and also against the tenants of the store on the street floor, which…