
    Elizabeth Berras, Respondent, v. David Keane, Appellant.
    
      Negligence — landlord and tenant — action by tenant to recover for injuries received through stepping in hole on roof, where she had gone to hang out wash.
    
    
      Berras v. Keane, 191 App. Div. 947, affirmed.
    (Submitted April 28, 1921;
    decided May 13, 1921.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1920, 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 through the negligence of defendant. Plaintiff, a tenant in an apartment house' in the city of New York, while on the roof, for the purpose of hanging out her wash, stepped into a hole in the roof and, faffing, received the injuries complained of. Defendant contended that at most plaintiff was a mere licensee, and went upon the roof at her own risk.
    
      J. Noble Mayes for appellant.
    
      Robert E. Tinsley and Nathan Gordon for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ,  