Riesenberg v. Cullen Fuel Co. , 166 Misc. 663 ( 1938 )

Per Curiam.

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.