Majority
p. 767Judith A. McNamara, Appellant, v. Willis Russell et al., Respondents, et al., Defendant. (Action No. 2.)
Order entered July 10, 1967 insofar as it dismissed the complaint as to defendant Russell unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Judgment entered June 13, 1967 unanimously affirmed, without costs. Same Memorandum as in Cantwell v. Russell (30 A D 2d 767) decided concurrently herewith. (Appeal from judgment and order of Onondaga Trial Term dismissing complaint in automobile negligence action.) Present — Bastow, P. J., Del Vecchio, Marsh, Witmer and Henry, JJ.