John J. O'Neill, as Administrator ad Prosequendum of the Goods, Chattels and Credits of Helen Marie O'Neill, Deceased, Appellant, v. City of Port Jervis and Isaac Cohen, Respondents, and Others, Defendants

John J. O’Neill, as Administrator ad Prosequendum of the Goods, Chattels and Credits of Helen Marie O’Neill, Deceased, Appellant, v. City of Port Jervis and Isaac Cohen, Respondents, and Others, Defendants. [MAJORITY] Judgment affirmed, with costs. We are of opinion that on the facts presented by the record the alleged illegal obstruction was not the proximate cause of the accident. Lazansky, P. J., Hagarty and Carswell, JJ., concur; Young and Seeger, JJ., dissent and vote to reverse and for a new trial upon the ground that the evidence was sufficient to justify a finding that the obstruction in the street was a nuisance for which both the owner and the city were responsible. (Sweet v. Perkins, 196 N. Y. 482.)