Opinion
June 21, 1943.
Present — Close, P.J., Hagarty, Johnston, Adel and Taylor, JJ.
Action to recover damages for injuries sustained by plaintiff when he tripped and fell while alighting from a self-service passenger elevator in an apartment house. The proof shows that the elevator did not stop level with the lobby floor but some inches below it — eight to ten inches according to plaintiff's proof, and four to six inches according to defendant's evidence. The jury awarded plaintiff $22,500, and defendant appeals. Judgment unanimously affirmed, with costs. No opinion.