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Schwabl v. St. Augustine's Church

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 1941
261 App. Div. 1051 (N.Y. App. Div. 1941)

Opinion

March 21, 1941.

Present — Crosby, P.J., Cunningham, Taylor, Harris and McCurn, JJ.


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.)


Summaries of

Schwabl v. St. Augustine's Church

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 1941
261 App. Div. 1051 (N.Y. App. Div. 1941)
Case details for

Schwabl v. St. Augustine's Church

Case Details

Full title:GERTRUDE SCHWABL, Appellant, v. ST. AUGUSTINE'S CHURCH, ROCHESTER, N.Y.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 21, 1941

Citations

261 App. Div. 1051 (N.Y. App. Div. 1941)