| N.Y. App. Div. | Nov 23, 1942
No opinion. Hagarty, Adel and Close, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that there is a question of fact for a jury to decide as to whether or not defendants maintained a nuisance by reason of easting upon the sidewalk waters artificially diverted from their natural course by the driveway; Lazansky, P. J., not voting.