Opinion
March 21, 1941.
Appeal from Supreme Court of New York County, CAREW, J.
Sidney J. Loeb of counsel [ Prince Loeb, attorneys], for the appellant.
Henry I. Fillman of counsel [ Maxwell C. Katz and Irving S. Freedman with him on the brief; Katz Sommerich and Adolph F. Bruenner, attorneys], for the respondents Pacific Mutual Life Insurance Company and The Travelers Protective Association. Charles J. Nehrbas of counsel [ Henry C. Moses with him on the brief; Moses, Nehrbas Tyler, attorneys], for the respondent Commercial Travelers Mutual Accident Association.
Present — MARTIN, P.J., UNTERMYER, DORE, COHN and CALLAHAN, JJ.
In view of the convincing evidence of suicide, errors, including any error in admitting the exclamation of the witness Sarah Bond as part of the res gestae, may be disregarded upon the ground that they did not affect the result. (Civ. Prac. Act, § 106.)
The judgment should be affirmed, with costs.
Judgment unanimously affirmed, with costs.