
    Fannie Acker, Appellant, v. Samuel Stiner, Respondent.
    (Supreme Court, Appellate Term,
    December, 1906.)
    Landlord and tenant — Rights, duties and liabilities in regárd to premises — Injuries from dangerous or defective condition —Actions for injuries from negligence — Sufficiency of evidence as to negligence.
    Where a tenant in a tenement house is injured by falling into a hole in the hallway near her apartment where the landlord’s housekeeper had lately been working, in an action against the landlord for such injuries, where the housekeeper had been called but not questioned about the work he had been doing, it was error to dismiss the complaint.
    Appeal from a judgment of the City Court of the city of .New York, entered upon the dismissal of the complaint
    Samuel Frank, for appellant.
    Nadal & Carrere (William D. Stiger and Harold S. Recknagel, of counsel), for respondent.
   Fitzgerald, J.

Plaintiff, a tenant in a tenement-house, went to do some marketing and, upon her return half an hour later, claims to have been injured by falling in a hole in the basement hallway near the door of her apartment. Her husband testified that, during the time of his wife’s absence, he saw the housekeeper working in the hallway in or about the hole and later, upon hearing his wife scream, he went out and saw her with one foot in. Hallway was dark. Defendant’s housekeeper was called, but was not questioned about the work he was doing in the hallway when seen by plaintiff’s husband. If the hall was rendered dangerous by any act on the part of defendant’s servant and no precaution to enable tenants, by the exercise of reasonable care, to guard against accident, a question of fact was presented and a pnma facie ease made out; and it was error to dismiss the complaint.

Gildebsleeve and Davis, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  