Levine v. Bowery Savings Bank

28 N.E.2d 930, 283 N.Y. 497, 1940 N.Y. LEXIS 898

Opinion

Per Curiam.

Plaintiff’s evidence was sufficient to present a question of fact whether, upon accompanying his fellow-employee back to their place of employment in defendant’s building on the night of the accident after regular working hours, the plaintiff entered the building as a business invitee or a mere licensee. If it is found that he was present in the building as a business invitee, the further question of fact is presented, did the injuries sustained by plaintiff, when he attempted to leave the building by means of a fire escape in the exigency of having doors and elevators closed and made unavailable to him as means of egress, result from a breach of legal duty owed to him by the defendant.'

The judgments should be reversed and a new trial granted, with costs to abide the event.

Lehman, Ch. J., Loughran, ’ Finch, Rippey, Sears, Lewis and Conway, JJ., concur. /

Judgments reversed, etc,