Keeton v. Cardinal O'Hara High School

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 *840sufficient 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 the argument of defendants that evidence presented on their direct case cannot be considered when assessing whether plaintiff made out a prima facie case. "In determining whether…