Opinion
December, 1921.
Judgment reversed and a new trial granted, with costs to appellant to abide the event, on the authority of Donaldson v. Supreme Council, Catholic Benevolent Legion ( ante, p. 843), decided herewith. The findings of fact numbered X, XI, XII, XIII and XIV, as found by the trial court, are reversed and rescinded. Blackmar, P.J., Putnam and Manning, JJ., concur; Mills and Jaycox, JJ., vote to affirm, upon the authority of Kennedy v. Supreme Council C.B.L. ( 188 App. Div. 613; affd., 231 N.Y. 582). Settle order before Mr. Justice Manning.