Kiernan v. Roman Catholic Church of St. John Evangelist

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered February 18, 1960, in New York County, upon a verdict rendered at a Trial Term.

Memorandum by the Court. Judgment reversed, on the law and o. ■. the facts, verdict vacated and complaint dismissed, with costs to defendant-appe-lant. The undisputed proof with respect to the stairway showed no defect and no “peculiar” danger of which defendant church was obligated to give warning. Consequently, there was no evidence to bring this ease within any of the recognized exceptions to the general rule that the owner of a building…