Majority
p. 827Nellie Priola, Respondent, v. The City of New York, Appellant.[1]
Judgment affirmed, with costs, on the ground that the plaintiff established a prima jade
p. 828
ease that the street in question was a public street, and that the defendant offered no evidence to the contrary. Lazansky, P. J., Kapper, Hagarty and Davis, JJ., concur; Carswell, J., dissents on authority of Nichols Copper Co. v. Connolly ( 208 App. Div. 667 ; affd., 240 N. Y. 596 ), and eases cited therein at page 677.