
    REALTY ASSOCIATES, Appellant, v. CITY OF NEW YORK, Respondent, et al.
    (Supreme Court, Appellate Division, Second Department.
    July 31, 1914.)
    Action by the Realty Associates against the City of New York and William Bradley.
   PER CURIAM.

We think the complaint states but one cause of action against both defendants, and that a negligent interference with the p1ainti~'s right of lateral support, in which both defendants are claimed to be joint tortfeasors. Looking at the complaint alone, we cannot say that the city had provided proper plans for lateral support, and thus is not liable for the contractor's negligence. Order reversed, with $10 Costs and disbursements, and motion granted, with costs, with leave to defendant to withdraw demurrer and answer within 20 days on payment of costs.  