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p. 706Mary Sullivan, Respondent, v. The Bronx Gas and Electric Company, Sued Herein as “ Bronx Gas and Electric Company,” Appellant, Impleaded with Another.
Action for personal injuries. It is alleged that the appellant, engaged in excavating on a city street, negligently caused or permitted a large rock or boulder to roll down from the dirt embankment formed by the soil from the excavation, and that the rock struck plaintiff causing her to fall and to'sustain the injuries complained of. Judgment unanimously affirmed, with costs. No opinion. Present —■ Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.