Opinion
October 5, 1944.
Present — Cunningham, P.J., Dowling, Harris, McCurn and Larkin, JJ.
Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the authority of Marion v. Coon Construction Co. ( 216 N.Y. 178) and Gursslin v. Helenboldt ( 259 App. Div. 1064). All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.)