Opinion
November 30, 1936.
Present — Lazansky, P.J., Young, Johnston, Adel and Taylor, JJ.
The action is to recover damages for personal injuries sustained by plaintiff when a floor board on the porch of a one-family bungalow, where she was a tenant, collapsed. While there was no obligation on the defendant — the landlord — to repair the floor, she did so, and less than a month after the board broke. The jury were justified in concluding the repairs were made negligently and under the circumstances defendant was liable. ( Marks v. Nambil Realty Co., Inc., 245 N.Y. 256.) Judgment for plaintiff and order denying motion for a new trial unanimously affirmed, with costs.