
    International Radiant Corporation et al., Respondents, v. Benjamin Intrator et al., Defendants, and Marby Operating Corporation, Appellant.
    Supreme Court, Appellate Term, Second Department,
    June 17, 1958.
    
      M. Kenneth Hahan for appellant.
    
      Albert F. Kimball for respondents.
   Per Curiam.

There was no competent evidence to establish that the defendant was the owner of the taxicab which caused the damage to plaintiff’s car. The record clearly establishes that a third party was the owner of the vehicle which collided with that owned by plaintiff. (Vehicle and Traffic Law, § 11, subd. 3; §§ 12, 61.)

The judgment should be unanimously reversed upon the law, with $30 costs to defendant and complaint dismissed, with appropriate costs in the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.  