Opinion
April 11, 1950.
Present — Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.
Upon an examination of the record we find that plaintiff established a prima facie case and consequently it was error to dismiss the complaint at the close of the case. Molly Tighe, the injured person, testified that she turned on her ankle and fell as she entered upon the floor which was under construction, and that the portion of the floor into which she stepped was not "smooth concrete" but "all torn up in large pieces." From her testimony and the other evidence adduced, it may reasonably be inferred that she was caused to fall by the broken and uneven floor into which she had entered without any prior warning as to its condition. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.