Opinion
June 29, 1943.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.
Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that there are questions of fact involved which should have been submitted to the jury. All concur, except Crosby, P.J., who dissents and votes for affirmance. (The judgment is for defendant for no cause of action in an action for damages for personal injuries alleged to have been sustained by plaintiff by reason of being struck by ice falling from an overhanging building.)