I dissent and vote to reverse and grant a new trial as to The City of New York, with costs to the plaintiff to abide the event on the ground that there was presented a question of fact as to the negligence of said defendant. Patrolman Johnson saw the planks laid and had knowledge that they were not nailed. In these circumstances, it is for the jury to say whether or not the city, had sufficient notice. Finch, P. J., concurs.