
    New York Consolidated Railroad Company, Respondent, v. Massachusetts Bonding and Insurance Company, Appellant.
   As it may be considered that the exception to the refusal to dismiss the second cause of action, at folio 170 of the case, sufficiently raises the question of law as to plaintiff’s right to recover for the tort, we grant the motion for leave to appeal to the Court of Appeals. Present — Jenks, P. J., Rich, Putnam, Blaekmar and Kelly, JJ.  