
    Samuel DiSimone, by Julian DiSimone, His Guardian ad Litem, Appellant, v. Michael DiSimone, Respondent.
   Judgment affirmed, with costs. All concur, except Dowling and Harris, JJ., who dissent and vote for reversal and for granting a new trial. (The judgment dismisses the complaint in an automobile negligence action.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.  