Judgment affirmed, with costs, on the ground that the plaintiff established a prima jade *828ease that the street in question was a public street, and that the defendant offered no evidence to the contrary. Lazansky, P. J., Kapper, Hagarty and Davis, JJ., concur; Carswell, J., dissents on authority of Nichols Copper Co. v. Connolly (208 App. Div. 667; affd., 240 N. Y. 596), and eases cited therein at page 677.