Charles Joseph Kingsley, Respondent, v. George Pappas and Peter Karris, as Copartners, Doing Business under the Firm Name and Style of Friend's Restaurant, Appellants

Charles Joseph Kingsley, Respondent, v. George Pappas and Peter Karris, as Copartners, Doing Business under the Firm Name and Style of Friend’s Restaurant, Appellants. [MAJORITY] Appeal from a judgment of the Supreme Court, entered in the Albany county clerk’s office on December 14, 1939, in favor of plaintiff against defendants for $2,123 upon the verdict of a jury and from an order, entered on December 21, 1939, denying a motion to set aside the verdict and for a new trial. This is a negligence action. Defendants operated a small restaurant. Plaintiff, a customer, asked to see defendant Karris and was directed by a waitress to go into the kitchen. Upon entering the kitchen plaintiff fell through an open and unguarded trap door a step or two inside the door leading into the kitchen, and was injured. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Bliss, Heffernan, Schenek and Foster, JJ.