Majority
p. 893Lillian McCloskey, an Infant, by William J. McCloskey, Her Guardian ad Litem, Respondent, v. John Buckley and The City of New York, Appellants.
Judgment and order unanimously affirmed on reargument, with costs as to defendant Buckley. Present — Jenks, P. J., Thomas, Carr, Rich and Putnam, JJ. Judgment and order affirmed on reargument, with costs as to defendant The City of New York. No opinion. Thomas, Carr, Rich and Putnam, JJ., concurred; Jenks, P. J., dissented upon the ground that said defendant was not liable on the theory of nuisance, which was that of this case.