Massaro v. Batterman — 272 A.D.2d 1026

Majority

p. 1026

Mary Massaro, as Administratrix of the Estate of Thomas Massaro, Deceased, Respondent, v. Henry L. Batterman, Appellant, et al., Defendants.

In an action to recover damages for the wrongful death of plaintiff’s intestate, a boy, who fell to the bottom of a freight elevator shaft in a factory building owned by appellant, judgment in favor of plaintiff, insofar as appealed from, unanimously affirmed, with costs. Ho opinion. Present — Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See 273 App. Div. 773 . ]_