The motion will be considered as a motion for reargument. Motion granted. On reargument, the decision of this court handed down December 14, 1942 [ ante, p. 948], is amended to read as follows: Plaintiff-wife sued to recover damages for personal injuries sustained when she slipped on a patch of ice on the sidewalk in front of appellant's premises; while her husband sought to recover for medical expenses and loss of services. Judgment reversed on the law, with costs, and the complaint dismissed on the law, with costs, on the authority of Connolly v. Bursch ( 149 App. Div. 772). Fitzgerald v. City of New Rochelle ( 259 App. Div. 1015) is not applicable to the facts in this case. All findings of fact are affirmed. Close, P.J., Johnston, Adel, Taylor and Lewis, JJ., concur.