Appellate Division of the Supreme Court of the State of New York December 15, 1920 (Kappesser v. Hogan)

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the plaintiff made out a prima facie case. The evidence tends to show that the coping was insecure and dangerous and does not establish as a matter of law that the defendant owner had leased the premises and was out of possession and control thereof as defendant contends. All concur.