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EVA GREENBERG et al., Appellants, v. SAMUEL NEUKRUG, Respondent.

Action by plaintiff wife to recover damages for personal injuries, and by her husband for loss of service and for medical expenses. Plaintiffs appeal from a judgment dismissing their complaint at the close of their case. Judgment reversed on the law and new trial granted, with costs to appellants to abide the event. Plaintiff wife sustained injuries when she attempted to leave a multiple dwelling by descending a stairway not properly lighted, as required by the Multiple Dwelling Law. The complaint was dismissed on the ground that plaintiff wife was a visitor and therefore a bare licensee, and also upon the ground that she was guilty of contributory negligence as a matter of law. This ruling was erroneous ( Santora v. Newburgh Savings Bank, 266 App. Div. 851. ) The duty imposed by section 40 Mult. Dwell. of the Multiple Dwelling Law of furnishing light rested on the defendant, and was imposed for the protection of both tenants and visitors of tenants who, like the plaintiff, might have occasion to use the public halls. ( Silverman v. Ulrika Realty Corp., 239 App. Div. 194. ) Appeal from order dismissed, without costs. Carswell, Johnston, Adel, Taylor and Lewis, JJ., concur.

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GREENBERG v. NEUKRUG
(Jun 14, 1943)