Order reversed on the law, with $10 costs and disbursements, and motion granted, without costs.
The respondent was under a statutory duty to maintain the gas pipes in the multiple dwelling in good repair. (Multiple Dwelling Law, § 78.) A similar duty is imposed by section 277 of the Sanitary Code of the City of New York. The complaint alleges that respondent is a joint tort-feasor. No fact is alleged in the complaint or in the cross complaint which tends to show...
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