
    Louis Kleinberg, Appellant, v. John Schween, Respondent, Impleaded with Another.
    
      Kleinberg v. Schween, 134 App. Div. 493, affirmed.
    (Submitted April 29, 1910;
    decided May 17, 1910.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1909, which reversed an order of Special Term denying a motion for judgment on the pleadings and granted said motion in an action to recover for personal injuries alleged to have been sustained through defendant’s negligently maintaining a nuisance.
    The following question was certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ”
    
      Alfred StecMer and Levin L. Brown for appellant.
    
      Bertrcmd L. Pettigrew for respondent.
   Order affirmed, with costs, and question certified answered in the negative, on opinion of Scott, J., below.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Hisoock, JJ.  