Opinion
January 27, 1938.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.
Goldstein Goldstein [ Jonah J. Goldstein of counsel], for the appellants.
John P. Smith, for the respondent.
It was error to dismiss the complaint. When the defendant drove its truck upon the sidewalk and broke it, it committed a nuisance and it was liable to any person who, while using due care, was injured as the result of defendant's leaving the sidewalk in a dangerous condition.
Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.
All concur. Present — HAMMER, SHIENTAG and NOONAN, JJ.