Majority
p. 681Sebastian Coppola, Appellant, v. Frank C. Risedorph, Respondent. (Appeal No. 2.)
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to appellant to abide the event. Same Memorandum as in Coppola v. Risedorph ( 37 A D 2d 680 , decided herewith). (Appeal from judgment of Oneida Trial Term dismissing complaint in automobile negligence action.) Present — Del Veeehio, J. F., Marsh, Gabrielli, Moule and Henry, JJ.