Opinion
April, 1916.
Reargument ordered, and case set down for Tuesday, May 9, 1916. The reargument will be confined to three questions: (1) May a duty to furnish automatic doors be based upon general usage where a statute (Labor Law, § 79) requires them, when in the opinion of the Commissioner of Labor they are necessary, etc., and he by written notice requires them? (2) Is custom established by proof that they are customarily used, without showing that where installed they were installed without written notice from the Commissioner of Labor? (3) Is the defendant as an employer under any further duty than the duty the statute imposes upon the owner, agent or lessee? Jenks, P.J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.