Judgment and order affirmed, -with costs. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.; Merrell, J., dissents on the ground (1) that plaintiff failed to make out a cause of action showing negfigenee on the part of the driver of the taxicab; (2) that there was no sufficient evidence offered by plaintiff showing his freedom from contributory negligence.