Cummins v. Morningside Drive Corp.

Respondent, as owner of the apartment house, was obligated to furnish light for the inside stairways of the building. Appellant, a tenant, testified that he fell on a staircase due to the absence of illumination.

Section 40 of the Multiple Dwelling Law provides as follows: “ Such light or lights shall be kept burning daily from sunset until sunrise, but if the same become extinguished and remain extin*747guished without the knowledge or consent of the owner he shall not be liable. The burden shall be upon the owner to show that said light or lights became and remained extinguished without the…