Majority
p. 938Albert Dunn, Appellant, v. Leonardo Genovese, Respondent.
Plaintiff’s affidavit states that he would prove by defendant that the colliding-automobile was owned and operated by the il plaintiff.’’ Defendant denies ownership and operation, it may be because plaintiff conjoined allegation of such ownership and allegation with a charge of negligent collision with plaintiff. Order affirmed, with ten dollars costs and disbursements. Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.