Opinion
October 31, 1955.
In an action to recover damages for personal injuries allegedly sustained when respondent Jean Ganek fell on a sidewalk covered with ice and snow, and by her husband for medical expenses and loss of services, the appeal is from a judgment in favor of respondents, entered upon the verdict of a jury. The accident occurred on December 23, 1948, shortly after 9:00 A.M., about eighty hours after the termination of a snowstorm during which sixteen and seven-tenths inches of snow fell. Judgment reversed on the law and the facts, with costs, and complaint dismissed, on the authority of Weisfeld v. City of New York ( 282 App. Div. 739), Thompson v. Rose ( 283 App. Div. 735), and Gabriel v. Wooddike Realty Corp. ( 286 App. Div. 993). Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.