Guntzer v. Adolph Suesskind, Inc.

Martin, P. J. (dissenting).

It is evident from the testimony and the photographs that the alleged defect in the stairway was not dangerous or even substantial. The evidence of prior accidents was properly rejected for the reason that no foundation was laid for its admission.

I vote to affirm.

Dore, J., concurs.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.