Opinion
January 18, 1943.
Present — Close, P.J., Hagarty, Carswell, Taylor and Lewis, JJ.
Action by plaintiff wife to recover damages for personal injuries suffered as a result of being precipitated down a flight of stairs leading to a cellar in a building in North Tarrytown, N Y Companion action by plaintiff husband for loss of services and for expenses. Order granting respondents' motion to set aside verdicts in favor of the plaintiffs and to dismiss the complaint, decision upon which had been reserved, without objection, and the judgment entered thereon, unanimously affirmed, with costs. ( Hilsenbeck v. Guhring, 131 N.Y. 674; Rowell v. Hutzler Lumber Co., Inc., 228 App. Div. 158, 160, affd. 255 N.Y. 581; Keane v. Rosenzweig, 254 App. Div. 560, affd. 279 N.Y. 667.)