Summary
holding that there was "a fair question of fact" where plaintiff fell in a bank entranceway when a storm had abated that morning "and that no snow was falling at the time of the accident"
Summary of this case from Raimond v. U.S.Opinion
Argued January 22, 1941
Decided February 27, 1941
Appeal from the Supreme Court, Appellate Division, Fourth Department, MacGREGOR, J.
William J. Flynn, Philip A. Laing and Melvin Greene for appellant.
A.T. O'Neill, Frank M. Osta and Joseph A. Marion for respondent.
Judgments reversed and a new trial granted, with costs to the appellant to abide the event, on the ground that a fair question of fact was presented upon this record. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY and DESMOND, JJ. Dissenting: LEHMAN, Ch. J., LEWIS and CONWAY, JJ.