Opinion
Argued October 13, 1927
Decided October 28, 1927
Appeal from the Supreme Court, Appellate Division, Third Department.
P.C. Dugan for appellant.
Glenn A. Frank and Ernest P. Lyons for respondent.
Judgment of Appellate Division and that of Trial Term reversed and complaint dismissed, with costs in all courts, upon the ground that under the circumstances of this case a liability for costs is not covered by the provisions of the policy.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.