Mahon v. Orbach 235 N.Y. 555

William Mahon, Respondent, v. Sigmund Orbach, Appellant.

Negligence — elevators — injury from walking into unguarded elevator shaft.

Mahon v. Orbach, 202 App. Div. 797, affirmed.

(Argued February 2, 1923;

decided March 6, 1923.)

Appeal, by permission, from a judgment of the Appel- • late Division of the Supreme Court in the first judicial department, entered June 26, 1922, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant who was the owner of a factory building on East Ninety-first street in the city of New York. Plaintiff, a truckman in the special employ of one of defendant’s tenants, walked into an open, unguarded elevator shaft and faffing received the injuries complained of.

*556 Max L. Schallek for appellant.

Jacob Zelenko and Frederick L. Hackenburg for respondent.