Opinion
November 16, 1942.
Action to recover payments under two insurance policies for total and permanent disability. Judgment of the City Court of Yonkers in favor of plaintiff reversed on the law and a new trial ordered, with costs to abide the event. The judgment herein rests on the judgment obtained by the plaintiff in Papas v. Equitable Life Assurance Society of the United States ( No. 1). That judgment has been reversed by this court ( ante, p. 128, decided herewith), therefore this judgment must be reversed on the authority of that determination. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.