Judgment and order reversed on the law, with costs, and complaint dismissed, with costs, on the authority of St. Andrassy v. Mooney (262 N. Y. 368). All concur, except Sears, P. J., and Crosby, J., who dissent and vote for affirmance. (The judgment awarded damages for personal injuries in an automobile negligence action. The order denied a motion for a new trial on the minutes.) Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.