Appellate Division of the Supreme Court of the State of New York May 10, 1944 (Crellin v. Van Duzer)

McCurn, J.

These actions are to recover damages for personal injuries alleged to have been caused by the negligence of the defendant Van Duzer in the operation of his automobile.

The fourth paragraph of the complaint in each action alleges:

“ That at the time of the accident the defendant Benjamin F.