Safety Night Light Co. v. Machcinski

The failure to give notice created no cause of action. We are of opinion, however, that the complaint alleges a cause of action for trespass upon plaintiff’s property. The order is, therefore, reversed upon the law and the facts, and a new trial granted, costs to abide the event. Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.