110 Misc. 341 | N.Y. App. Term. | 1920
The action is against the owner for damages for personal injuries caused by falling in the entrance hall of defendant’s building. That the building is the usual apartment house is fairly inferable from the evidence, and is nowhere denied. The witness Mrs. Glaser occupied an apartment on the ground floor on the right hand or westerly side of the building. Her dining-room door opens into this entrance hall, and a janitor of the building resides in the basement. That defendant retained control of the hall is indicated by the contract for alterations in evidence in the case, and not denied.
It appeared that the floor of the hall was being changed from wood to tile; part had been completed and at the place where the accident occurred the wood flooring had been taken up preparatory to laying the concrete and tiles. According to plaintiff’s evidence, when the workmen engaged in the work of alterations stopped for the day, the beams of this entrance hall floor were left exposed with uncovered spaces between them about a foot wide and six inches deep. The accident occurred between seven and eight p. m. The front doors were closed; there was no artificial light, and it was dark, very dark; she could not see anything; did not see the beams and by reason thereof tripped and fell and was injured.
On plaintiff’s evidence the complaint was dismissed on the ground that the people doing the alterations were independent contractors. This was clearly error. Upon owners of apartment houses who retain control of the halls, stairways and passages, used in common by "the tenants, the law imposes the duty to see that such parts of the premises are' in reasonably safe
Bijue and Mullan, JJ., concur.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.