Opinion
Argued February 20, 1945
Decided April 12, 1945
Appeal from the Supreme Court, Appellate Division, First Department, WALTER, J.
Eugene T. O'Neill and Leo D. Fitzgerald for appellant.
Sidney J. Loeb for respondent.
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, DESMOND and THACHER, JJ. LEWIS and CONWAY, JJ., dissent on the ground that the plaintiff who was serving a life sentence was "civilly dead" and did not have the legal capacity to sue. (Penal Law, § 511; Matter of Pallas, 291 N.Y. 692; Matter of Lindewall, 287 N.Y. 347; Green v. State of New York, 278 N.Y. 15; Avery v. Everett, 110 N.Y. 317.) Taking no part: DYE, J.