Majority
p. 902Theodore Zack, an Infant, by Abraham Zack, His Guardian ad Litem, Respondent, v. Nathan Cohen and Others, Appellants.
Judgment and order unanimously affirmed as against the defendant' Cohén, with costs; judgment and order as against the defendants Simon and Louis Halperin reversed, and new trial granted, costs to abide the event, on the ground that there is no evidence that those two defendants were the owners of the premises or in possession and control of the premises alleged to have been negligently maintained. Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ., concurred.