VALENTE, J.
Motion to dismiss the second cause of action is denied. The statutes dealing with personal injury actions have no application here, because the case is contractual in nature. ( Pacific Steamship Co. v. Peterson, 278 U.S. 130; 49 S.Ct. 75; 73 L.Ed. 220.) It, therefore, survives death and passes to the legal representative of the deceased. Order signed.