Opinion
Argued October 8, 1940
Decided November 19, 1940
Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.
Frederick E. Weinberg for plaintiffs, appellants and respondents.
William B. Moose for defendant, respondent and appellant.
Herbert S. Ogden and James D. Ewing for Equitable Life Assurance Society of the United States, amicus curiae. Charles J. Nehrbas and Henry C. Moses for Commercial Travelers Mutual Accident Association of America, amicus curiae.
On appeal by plaintiffs: Appeal dismissed, with costs. On appeal by defendant: Judgment affirmed, with costs. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., and SEARS, J.