254 A.D. 633 | N.Y. App. Div. | 1938
Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The court erroneously allowed the jury to predicate negligence on the defendant’s violation of a common-law duty (irrespective of the building ordinances) to furnish proper exits. In our opinion no such duty toward this plaintiff existed. The only basis for a finding of negligence in this case on the record before us is in the violation