Cullen v. Austin Development Co.

Memokandum Per Curiam. The case was tried and decided on the theory of negligence. Nowhere does it appear that the accident occurred through any fault of the defendant-appellant. It was solely caused by the negligence of the tenant, which negligence is not attributable to the owner of the premises. (See Siegel v. Gordon, 278 N. Y. 416.) The judgment so far as appealed from should be reversed, with costs, and judgment directed for appellant, with costs.