Opinion
Argued October 8, 1942
Decided December 3, 1942
Appeal from the Supreme Court, Appellate Division, Second Department, KADIEN, J.
J. Nash Williams and Henry C. Frey for appellant.
Max Kavenoff for defendant-respondent.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division against the defendant Samuel Rosen. (See Rosen v. Equitable Life Assurance Society, 289 N.Y. 333.) The question certified is answered in the affirmative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.