
    Bessie Riesenberg, as Guardian ad Litem of Shirley Belle Riesenberg, an Infant, and Bessie Riesenberg, Appellants, v. Cullen Fuel Co., Inc., Respondent.
    Supreme Court, Appellate Term, First Department,
    January 27, 1938.
    
      Goldstein & Goldstein [Jonah J. Goldstein of counsel], for the appellants.
    
      John P. Smith, for the respondent.
   Per Curiam.

It was error to dismiss the complaint. When the defendant drove its truck upon the sidewalk and broke it, it committed a nuisance and it was liable to any person who, while using due care, was injured as the result of defendant’s leaving the sidewalk in a dangerous condition.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellants to abide the event.

All concur. Present — Hammer, Shientag and Noonan, JJ.  