Appellate Division of the Supreme Court of the State of New York May 13, 1935 (Rohlfs v. Weil)

Per Curiam.

A jury question was presented as to whether or not it was a nuisance in fact to suspend a scaffold above the sidewalk, at a heavily traveled street corner in Manhattan, without a warning to pedestrians that an activity involving danger to them was being carried on above their heads, in view of there being no provision in the lease for warning or protection to the public.