
    Lemuel W. Baxter, Respondent, v. York Realty Company, Appellant.
    
      Baxter v. York Realty Co., 128 App. Div. 79, affirmed.
    (Submitted February 18, 1910;
    decided March 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1908, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover damages from loss of lateral support arising from an excavation made by defendant on its own land.
    
      George F. Alexander and Edward V. Farley for appellant.
    
      Rufus L. Scott for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscook, JJ.  