Schwabl v. St. Augustine's Church

Appellate Division of the Supreme Court of New York

Schwabl v. St. Augustine's Church

261 A.D. 1051, 27 N.Y.S.2d 1009, 1941 N.Y. App. Div. LEXIS 8693

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1941·Published

Opinion

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.

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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.

Schwabl v. St. Augustine's Church, 261 A.D. 1051, 27 N.Y.S.2d 1009, 1941 N.Y. App. Div. LEXIS 8693 (N.Y. Ct. App. 1941).

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