Majority
p. 880Michael J. Scales, as Administrator of the Estate of John M. Scales, Deceased, Appellant, v. The Village of Nyack, Rockland County, New York, et al., Respondents.
No opinion. Hagarty, Adel and Close, JJ., concur; Carswell, J., dissents and votes to reverse the judgment and to grant a new trial on the ground that there is a question of fact for a jury to decide as to whether or not defendants maintained a nuisance by reason of easting upon the sidewalk waters artificially diverted from their natural course by the driveway; Lazansky, P. J., not voting.