Appellate Division of the Supreme Court of the State of New York June 28, 1939 (Kelley v. City of Oswego)

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding that the icy condition of the steps uncovered by the city’s employee whereby a dangerous condition was created by the city not later than the 27th day of January, 1938, was the condition which caused the plaintiff to fall a,t four-thirty o’clock in the