Majority
p. 856Lester Berkowitz, an Infant, under Fourteen Years of Age, by His Guardian ad Litem, Jack Berkowitz, Appellant, v. Walter Fluhr and Arthur H. Holsten, Defendants, and Andrew Garbarino, Trading under the Firm Name and Style of Garbarino Bros., Respondent.
Order of the Appellate Term reversed on the law, with costs, and judgment of the City Court, City of New York, County of Queens, reinstated, on the ground that it was a question of fact, determined in plaintiff’s favor, that the defendant was negligent in unlawfully obstructing the sidewalk and thereby causing the plaintiff’s injuries. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.