Opinion
October 5, 1970
In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated January 30, 1970, in favor of defendant, upon the court's dismissal of the complaint at the end of plaintiff's case upon a nonjury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered on this appeal. In our opinion, plaintiff sufficiently established a prima facie case of negligence. The owner of a public building has a duty of lighting the exterior of the building at those times when it is open to the public and, upon failure to do so, is prima facie guilty of negligence ( Gallagher v. St. Raymond's R.C. Church, 21 N.Y.2d 554). Christ, P.J., Rabin, Munder, Latham and Benjamin, JJ., concur.