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.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ.