Majority
p. 789Joseph La Corte, Appellant, v. Anna E. Cohen, Respondent.
In a action to recover damages for personal injuries sustained by reason of the alleged negligence of defendant, whereby plaintiff fell from the top of a retaining wall which he utilized as a means of access to a fill-pipe for the purpose of delivering fuel oil, judgment dismissing the complaint unanimously affirmed, without costs. No opinion. Present — Lewis, P. J., Hagarty, Johnston, Adel and Aldrich, JJ.