Opinion
December 26, 1939.
Action to recover damages for personal injuries sustained when plaintiff tripped on a patch of ice on a public sidewalk. Judgment dismissing the complaint on the merits at the close of the entire case, affirmed, with costs. No actionable negligence on the part of the defendant is shown. ( Reutlinger v. City of New York, 255 App. Div. 848; affd., 281 N.Y. 592.) Appeal, in so far as it purports to be taken from an order setting aside the verdict of a jury in favor of the plaintiff, and from an order dismissing the complaint, dismissed. There are no such orders in the record. Hagarty, Adel and Taylor, JJ., concur; Carswell and Close, JJ., dissent, vote to reverse the judgment and to reinstate the verdict on the authority of Rosenberg v. City of New York ( 256 App. Div. 927; affd., 280 N.Y. 815) and McCaffrey v. City of New York ( 255 App. Div. 872; affd., 280 N.Y. 630).