Majority
p. 765Herman Glaser, Jr., an Infant, by Herman Glaser, Sr., His Guardian ad Litem, Respondent, v. Henry M. Dietz and Others, Defendants, and George Tippett, Appellant.
Order denying motion of defendant Tippett to dismiss the complaint affirmed, with ten dollars costs and disbursements. Whether plaintiff was a trespasser, to whom no duty was owing, must be determined upon the trial. Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.