Gutman v. Rosenbloom

Judgment and order reversed on the law and the facts and a new trial granted, with costs to abide the event. We are of opinion that the extension of the step one and one-half to three inches beyond the posts into the sidewalk did not constitute negligence, and as it does not affirmatively appear that the worn portion of the step, one-half inch in depth, was the cause of plaintiff’s fall, the verdict of the jury is against the weight of the evidence. (Greenberg v. Schlanger, 229 N. Y. 120 , 122.) Rich, Manning, Young and Kapper, JJ., concur; Kelly, P. J., dissents.