Rosenberg v. Schwartz

234 A.D. 872 Court N.Y. App. Div. English

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p. 872

Meyer Rosenberg, an Infant, by Freda Rosenberg, His Guardian ad Litem, Respondent, v. Louis Schwartz, Appellant, and Others, Defendants.

Judgement and order reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. There is no testimony in the record that the brick that caused plaintiff’s injuries fell upon him because of any defect in the scaffold. Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ., concur.