KIERNAN v. ROMAN CATHOLIC CHURCH OF ST. JOHN THE EVANGELIST


11 A.D.2d 997 (1960)

Veronica Kiernan, Respondent, v. Roman Catholic Church of St. John the Evangelist, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 1960


Judgment reversed, on the law and on the facts, verdict vacated and complaint dismissed, with costs to defendant-appellant.

MEMORANDUM BY THE COURT.

The undisputed proof with respect to the stairway showed no defect and no "peculiar" danger of which defendant church was obligated to give warning. Consequently, there was no evidence to bring this case within any of the recognized exceptions to the general rule that the owner of a building is under no duty,...

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