| N.Y. App. Div. | Jun 15, 1934
Judgment modified by providing that the same is not upon the merits, and as so modified affirmed, with costs to the respondent, without prejudice to the institution of a new action. There was no testimony in the record that the truck that struck the infant plaintiff was the one admittedly owned by defendant. Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.