
    Dorothy Brenner, an Infant, by Benjamin Brenner, Her Guardian ad Litem, Respondent, v. The Aguilar Corporation, Appellant.
    
      Negligence — elevators — action to recover for personal injuries sustained by fall of elevator.
    
    
      Brenner v. Aguilar Corporation, 200 App. Div. 895, affirmed.
    (Submitted December 6, 1922;
    decided January 9, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 15, 1922, modifying and affirming as modified 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, who was employed- by the Ault Woolen Company, a tenant on the tenth floor of the defendant’s building. On August 31, 1920, about six o’clock p. m., when the employees of the respective tenants were leaving the building she entered the elevator at the tenth floor; others followed her; the elevator operator closed the door which was on the floor of the building; the elevator descended two or three feet; the suspending cable broke and the elevator fell uncontrolled and as dead weight to the bottom of the shaft. Immediately after the fall the counterweights fell from their guide rails and crashed through the top of the elevator.
    
      Alfred C. Petté, MacIntosh Kellogg and James B. Henney for appellant.
    
      Gilbert D. Steiner and John C. Robinson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cabdozo, Pound, McLaughlin, Cbane and Andbews, JJ.  