Kritz v. Manufacturers Hanover Trust Co.

—Amended judgment, dated June 11, 1968, unanimously reversed on the law, with $50 costs and disbursements to appellant, and the complaint dismissed, on the ground there was no actionable negligence proven. The presence of a 1% to 2 inch piece of paper, similar to a candy wrapper, on the bank’s doorstep is not of such a character as to impose liability on the defendant or of such a nature that the probability of injury could have been foreseen in the exercise of care and prudence. (Clemmons v. Cominskey, 1 A D 2d 933, affd. 2 N Y 2d 958.) If we did not dismiss the complaint, we would set aside…