Yavelow v. New York Indemnity Co.

We are unable to distinguish the case at bar from that of Rosenthal v. American Bonding Co. ( 207 N. Y. 162 ), and it follows that the judgment appealed from cannot be sustained. The judgment is, therefore, reversed on the law and the facts, and the complaint dismissed, with costs. Kelly, P. J., Rich, Jaycox, Manning and Young, JJ., concur.