Opinion
Argued November 25, 1931
Decided January 5, 1932
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Arthur T. Pammenter for appellant.
Samuel B. Dicker for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed, and complaint dismissed, with costs in all courts, on the authority of Silverstein v. Metropolitan Life Insurance Company ( 254 N.Y. 81).
Concur: CARDOZO, Ch. J., POUND, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ. Not sitting: CRANE, J.