
    Joseph Naro, Respondent, v. Liggett Winchester Ley Realty Corporation, Appellant.
    
      Negligence —• elevators — workman engaged in removing rubbish from cellar injured through sudden starting of elevator after stopping below sidewalk level.
    
    
      Naro v. Liggett Winchester Ley Realty Corp., 215 App. Div. 835, affirmed.
    (Argued March 31, 1926;
    decided May 4, 1926.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 20, 1926, 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. Plaintiff was injured while lawfully riding on a lift elevator running from the sub-basement of defendant’s building to the sidewalk and operated by an employee of defendant. It was alleged that at the time of the accident plaintiff was engaged in removing bags of rubbish from the basement to the sidewalk; that the elevator loaded with bags stopped two feet below the sidewalk level and plaintiff assuming that it would remain there started to unload the bags. While he was thus engaged the operator manipulated the mechanism so that the elevator started with a jerk causing plaintiff to slip back so that his foot was caught between the elevator and wall resulting in the injury complained of.
    
      Walter L. Glenney for appellant.
    
      Jacquin Frank, David M. Fink and Sol Boneparth for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Lehman, JJ. Absent: Andrews, J.  