— Judgment and order unanimously reversed on the law and facts and new trial granted, with costs to abide the event. Same memorandum as in Freyer v. Gangi (42 A D 2d 832) decided herewith. (Appeal from judgment and order of Chautauqua Trial Term in automobile negligence action.) Present — Del Vecchio, J. P., Marsh, Witmer, Simons and Henry, JJ.