
    Lyle Miller, Appellant, v. M & D Holding Corp., Respondent, and Westchester County Syndicate Corporation, Defendant.
   In an action to recover damages for personal injuries suffered by plaintiff owing to his falling down an unguarded stairway, the jury rendered a verdict in favor of the plaintiff in the sum of $1,500. The trial justice set aside the verdict, and the motion to dismiss the complaint was granted on the reserved motion. Judgment in favor of defendant M & D Holding Corp., dismissing the complaint, reversed on the law, with costs, verdict of the jury reinstated, and judgment directed to be entered thereon, with costs. A jury question existed on defendant-respondent’s negligence in connection with its failure to warn plaintiff of what, it could be found, was a dangerous stairway. The question of plaintiff’s contributory negligence was also for the jury. (McRichard v. Flint, 114 N. Y. 222; McNally v. Oakwood, 210 App. Div. 612; affd., 240 N. Y. 600; Adams v. Misena Realty Co., Inc., 239 App. Div. 633; Kleiman v. Feldstein, 234 id. 219.) Carswell, Davis, Johnston, Adel and Close, JJ., concur.  