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KEETON v. CARDINAL O'HARA HIGH SCH.

233 A.D.2d 839 (1996)

649 N.Y.S.2d 627

Betty M. Keeton, Individually and as Executrix of Donald J. Keeton, Deceased, Appellant, v. Cardinal O'Hara High School et al., Respondents

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

November 8, 1996

Order and judgment unanimously reversed on the law without costs, motion denied and verdict reinstated.

Memorandum:

Supreme Court erred in setting aside a jury verdict for plaintiffs. There was sufficient credible evidence adduced at trial for the jury to conclude that defendants had both actual and constructive notice of the icy condition of the sidewalk that caused Donald Keeton (plaintiff) to fall. We reject...

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