
    James M. Lynch, Respondent, v. 114 West 70th Street Corporation, Appellant, Impleaded with Another.
    (Argued May 11, 1926;
    decided May 25, 1926.)
    
      Negligence — building construction — failure to properly guard or light elevator shaft— action to recover for injuries from fall into shaft.
    
    
      Lynch v. 114 West 70th Street Corp., 215 App. Div. 808, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 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, a workman in a building in the course of construction, fell through an elevator opening and received the injuries complained of. It was alleged that defendant, appellant, the owner of the building, had negligently failed to guard or protect the opening or properly light the same.
    Judgment affirmed, with costs;
    
      Frederick Mellor and Richard F. Weeks for appellant.
    
      Charles Kennedy and Leonard F. Fish for respondent.
   no opinion.

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