
    Mary Bamonte, as Administratrix of the Estate of Frank Bamonte, Deceased, Appellant, v. Arthur Davenport, Respondent.
    (Argued May 17, 1927;
    decided May 31, 1927.)
    
      Negligence — motor vehicles — pedestrian hilled by automobile owned by defendant and driven by his employee ■ — • complaint dismissed on ground automobile was being used contrary to orders of defendant.
    
    
      Bamonte v. Davenport, 217 App. Div. 734, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 17, 1926, unanimously affirming a judgment in favor of defendant entered upon a verdict directed by the court in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate was struck and killed by an automobile owned by defendant and driven by his employee. The trial court directed a verdict in favor of defendant on the ground that, at the time of the occurrence of the accident, defendant’s automobile- was being driven without his knowledge or permission, and' not' in: his business or interests, but against his express prohibition of its use by his chauffeur.
    
      Harold R. Medina and Harry E. Kriendler for appellant.
    
      John C. Robinson, Morris A. Wainger and James B. Henney for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  