
    William Sweeting, Respondent, v. New York Central and Hudson River Railroad Company, Appellant, Impleaded with Another.
    
      Sweeting v. City of Rochester, 127 App. Div. 880, affirmed.
    (Argued January 18, 1909;
    decided February 9, 1909.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 24, 1908, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action to recover damages to plaintiff’s premises alleged to have been caused by lowering the grade of a street.
    The following question was certified : “ Does the complaint in this action state facts sufficient to constitute a cause of action against the appellant ? ”
    
      Edwin A. Nash for appellant.
    
      Eugene Van Voorhis for respondent.
   Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, . Haight, Yann, Hisoock and Chase, JJ.  