Schwabl v. St. Augustine's Church

Judgment and order affirmed, with costs. All concur, except Harris, J., who dissents and votes for reversal and reinstatement of the verdict on the ground that there was a fair question of fact as to whether ice existed on the step for a sufficient length of time to create liability on the part of defendant. (The judgment dismisses plaintiff’s complaint on a reserved decision of a motion to dismiss in an icy sidewalk case. The order sets aside the verdict of the jury in favor of plaintiff for $3,500 and granted defendant’s motion for a nonsuit and a directed verdict.) Present — Crosby, P. J., Cunningham, Taylor, Harris and McCum, JJ.