Frati v. Dann

Judgment reversed on the law and the facts and a new trial granted, costs to abide the event. In our opinion, there is no support in the record for the respondent’s contention that the appellant was negligent in not guarding or lighting the open cellar doors. There is no evidence that he knew the doors were open and unguarded, or that they had been in that condition for a sufficient length of time to charge him with notice. Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ., concur.