Opinion
Argued June 6, 1940
Decided July 24, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, RIEGELMANN, J.
Jacquin Frank and David M. Fink for appellant. Clarence S. Zipp, William S. O'Connor and Daniel Miner for respondent.
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.