Opinion
June 5, 1950.
Present — Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ.
In an action by plaintiff, a joint tenant of a two-family house owned by the defendant Ethel Rella and leased to plaintiff by the defendant Pietro Rella, to recover damages for injuries sustained when he fell on an accumulation of ice and snow allegedly resulting from a defective drain in the driveway which was part of the leased premises, plaintiff appeals from a judgment dismissing his complaint on motion by defendants at the close of plaintiff's case. Judgment unanimously affirmed, with costs. In our opinion the evidence adduced was insufficient to sustain a finding that the defect complained of was a proximate cause of plaintiff's injuries.