Majority
p. 781Eleanor Ruth Himmelman, an Infant, by William Himmelman, Her Guardian ad Litem, Respondent, v. Pechter Baking Co., Inc., Appellant. William Himmelman, Respondent, v. Pechter Baking Co., Inc., Appellant.[1]
Judgment reversed on the law and the facts and the complaint dismissed, with costs, upon the ground that the driving of the car by the boy Proshifsky was without the permission of the defendant’s driver, and that the defendant was not rendered liable therefor under section 59 of the Vehicle and Traffic Law. Lazansky, P. J., Young, Kapper and Hagarty, JJ., concur; Scudder, J., not voting.