Majority
p. 1039Mildred L. Munson, as Administratrix of the Estate of Harold J. Munson, Deceased, Respondent, v. Stanley McDonald, Defendant, and Model Taxi Corporation, Appellant.
Appeal by the defendant, Model Taxi Corporation, from a judgment.in favor of the plaintiff and against both defendants based on the negligent operation of appellant’s automobile by the defendant McDonald, and from an order denying a motion to set aside the verdict. The evidence was sufficient to establish that McDonald was legally operating the automobile in which the deceased was a passenger, with the permission and consent of the owner. McDonald’s statement to his physician that he was the driver was not a privileged communication within the intent and meaning of section 352 of the Civil Practice Act. Judgment and order unanimously affirmed, with costs and disbursements. Present — Hill, P. J., Heffernan, Brewster, Foster and Deyo, JJ.