Opinion
October 3, 1949.
Present — Carswell, Acting P.J., Johnston, Sneed, Wenzel and MacCrate, JJ.
Action to recover damages for personal injuries sustained by plaintiff wife by reason of being struck with a metal plate from an electric sign in front of premises leased by defendant Thomas Parrano, who had engaged defendants Fierson and Rosenthal to make repairs to the sign; and by her husband for expenses and loss of services. Appeals by defendant-respondent-appellant from so much of the judgment as is in favor of plaintiffs and against him; and by defendants Fierson and Rosenthal from the judgment in favor of plaintiffs and the judgment over against them and in favor of defendant Parrano. Judgment insofar as appealed from, unanimously affirmed, with costs to plaintiff against all defendants, and to defendant Parrano against defendants Fierson and Rosenthal. Defendants Fierson and Rosenthal, in withdrawing their motion to dismiss the complaint, conceded sufficiency of plaintiffs' proof, and the verdict, in turn, imported that those defendants were the primary wrongdoers. ( Seeman v. Levine, 205 N.Y. 514, 517; Stevens v. South Bay Cons. Water Co., 228 App. Div. 851; Schwartz v. Merola Bros. Constr. Corp., 290 N.Y. 145, 155; Phoenix Bridge Co. v. Creem, 102 App. Div. 354, affd. 185 N.Y. 580; Tipaldi v. Riverside Memorial Chapel, 273 App. Div. 414, affd. 298 N.Y. 686; Dolnick v. Donner Lumber Corp., 275 App. Div. 954.)