Opinion
Argued March 3, 1937
Decided March 23, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
E.J. Dimock, Barent L. Visscher, Glen W. Watkins and Joseph G. Kelly for appellant.
E. Robert Willcox and J. Donald Whelehan for Louis H. Pink, Superintendent of Insurance of the State of New York, as rehabilitator of Bond and Mortgage Guarantee Company, et al., respondents.
Orders reversed, with costs in all courts, and matter remitted to Special Term to proceed in accordance with the opinion in Heiman v. Bishop ( 272 N.Y. 83). No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.