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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 1941

StatusPublished

This text of 261 A.D. 1051 (Schwabl v. St. Augustine's Church) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

261 A.D. 1051, 27 N.Y.S.2d 1009, 1941 N.Y. App. Div. LEXIS 8693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwabl-v-st-augustines-church-nyappdiv-1941.