Opinion
June 23, 1958
Present — Nolan, P.J., Wenzel, Beldock, Murphy and Kleinfeld, JJ.
In an action to recover damages for personal injuries, the appeal is from a judgment entered on a jury verdict dismissing the complaint. Appellant was alleged to have been injured when he fell on a pathway on property owned by respondents as a result of respondents' negligence in having failed to secure a loose stone on the pathway. Judgment unanimously affirmed, with costs. No more than a question of fact was presented. It was proper to tax appellant with his inconsistent statements contained in his claim for workmen's compensation ( Nappi v. Falcon Truck Renting Corp., 286 App. Div. 123, affd. 1 N.Y.2d 750).