Opinion
June 21, 1943.
Present — Close, P.J., Hagarty, Johnston, Adel and Taylor, JJ.
Actions brought on behalf of an infant to recover damages for personal injuries and by his father for loss of services and for expenses. After reserving decision on motions to dismiss made at the close of the plaintiffs' case and renewed at the close of the whole case, the trial court made an order granting the motion of defendant to set aside verdicts for plaintiffs and to dismiss the complaints, on which judgment was entered. Order and judgment unanimously affirmed, with costs. The strip between the building line and the wall of defendant's apartment house constituted part of the sidewalk, as it was common with and indistinguishable from the area between the building line and the curb. In the absence of participation, the landlord could not be held liable for the negligence of his tenant in placing the dilapidated piano thereon. ( Tagg v. Senner, 277 N.Y. 692; Frank v. Muller, 200 App. Div. 639, affd. 235 N.Y. 540; Greenberg v. Kruger, Inc., 231 App. Div. 800, affd. 256 N.Y. 612.)