Opinion
Argued October 15, 1957
Decided December 5, 1957
Appeal from the Appellate Division of the Supreme Court in the first judicial department, FELIX C. BENVENGA, J.
John P. Walsh, James B. Donovan, DeRoy C. Thomas, Thomas A. Harnett and Patrick J. Hughes for appellant.
Alfred C. Bennett and Isaac Goldstein for respondent.
Order affirmed, with costs. Question certified not answered. No opinion.
Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents and votes to reverse upon the ground that neither section 538 of the Insurance Law nor any other statute or discoverable public policy (see Matter of Rhinelander, 290 N.Y. 31, 36) makes this contractual provision invalid.