Opinion
July 2, 1940.
Appeal from Supreme Court, Albany County.
Present — Hill, P.J., Bliss, Heffernan, Schenck and Foster, JJ.
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.