Majority
p. 686Meyer Rosenberg, an Infant, by Freda Rosenberg, His Guardian ad Litem, Appellant, v. Louis Schwartz, Respondent, and Others, Defendants.[1]
Judgment affirmed, with costs. No opinion. Kapper, Scudder and Tompkins, JJ., concur; Lazansky, P. J., and Young, J., dissent upon the ground that the absence of the toe board, in violation of rule 1220, subdivision 2, of the Industrial Code, and the position of the mechanics while working on the scaffold would have justified an inference that the falling of the brick was due to respondent’s negligence.