Opinion
February, 1933.
Present — Lazansky, P.J., Kapper, Carswell, Scudder and Tompkins, JJ.
Motion for leave to appeal to the Court of Appeals granted. The questions certified are: 1. Does the complaint state facts sufficient to constitute a cause of action? 2. Does section 109 Ins. of the Insurance Law of this State apply to the contract of insurance on which the cause of action set forth in the complaint is based — a copy of the policy being annexed to the complaint?