Order insofar as appealed from affirmed, with $10 costs and disbursements. All concur, Kimball, J., upon the sole ground that a contrary holding would be against the public policy of the State of New York. (Appeal from part of an order of Steuben Special Term denying defendant’s motion to dismiss plaintiff’s second cause of action, in an automobile negligence action.) Present — MeCurn, P. J., Vaughan, Kimball, Williams and Bastow, JJ.