Opinion
Submitted December 4, 1942
Decided January 14, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, DALY, J.
George S. Wing for appellants.
Walter L. Glenney and Chauncey L. Grant for John Hancock Mutual Life Insurance Company, respondent.
Judgments reversed and a new trial granted, with costs to the appellants to abide the event, on the authority of Cooke v. Drigant, impleaded with John Hancock Mutual Life Insurance Company [ 289 N.Y. 313], decided December 3, 1942. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.