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ANTHONY J. PASSALACQUA, Plaintiff, and FLORENCE PASSALACQUA, Respondent, v. WILLIAM H. DRAPER, JR., as Successor Trustee of the Long Island Rail Road Company, Appellant, et al., Defendants.

The complaint contains two causes of action, one by plaintiff husband to recover damages for injuries sustained by him as a result of defendant's negligence, and the second by plaintiff wife to recover damages for the loss of her husband's services, affection, society, companionship, and consortium. Appellant moved to dismiss the second cause of action for insufficiency. The motion was denied. Order denying appellant's motion reversed on the law, without costs, and motion granted, without costs. ( Landwehr v. Barbas, 241 App. Div. 769, affd. 270 N.Y. 537.) Leave is hereby granted to respondent to appeal to the Court of Appeals. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [ 199 Misc. 827.]

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PASSALACQUA v. DRAPER
(Nov 5, 1951)