KAUFMAN v. CONGREGATION OF KNESSES ISRAEL SEA GATE


35 A.D.2d 722 (1970)

Mary Kaufman, Appellant, v. Congregation of Knesses Israel Sea Gate, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1970


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

The questions of fact have not been considered on this appeal. In our opinion, plaintiff sufficiently established a prima facie case of negligence. The owner of a public building has a duty of lighting the exterior of the building at those times when it is open to the public and, upon failure to do so, is prima facie guilty of negligence (Gallagher v. St. Raymond's R.C. Church...

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