Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. See memorandum filed in companion case of Manikas V. Carswell (post, p. 1003, decided herewith). All concur. (Appeal from a judgment for defendants for no cause of action in an automobile negligence action.) Present — Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.