George Avlon v. Greencha Holding Corp.

As I read the controlling New York cases they require the jury to determine whether the plaintiff was an invitee or not. In Murtha v. Ridley, 232 N.Y. 488, 134 N.E. 542, the seven-year-old son of the downstairs tenant of a three-family building was injured playing in the back yard of the premises when the cement coping on which he was standing gave way and he fell into the areaway below. There was evidence that a door led from his mother’s apartment into the yard, and that other tenants had access to it from the street and from the cellar. The children of all the tenants used the yard as a…