Opinion
October 7, 1938.
Present — Martin, P.J., O'Malley, Glennon, Untermyer and Cohn, JJ.; O'Malley and Untermyer, JJ., dissent and vote to reverse and dismiss the petition for the reasons stated in the dissenting opinion in Gerschon v. Travelers Insurance Co. ( 251 App. Div. 281).
Order modified by eliminating items 3 and 4 from the order of reference, and as so modified affirmed, without costs.