Majority
p. 836Antonio D’Ambrosio, John Cognetto and The Herkimer National Bank, Respondents, v. The Great American Insurance Company, New York, Appellant.
Action severed; judgment and order reversed as to the insured, and a new trial granted as to the insured, with costs to appellant to abide the event; judgment and order affirmed as to plaintiff Herkimer National Bank, upon stipulation filed by said plaintiff bank, without costs of this appeal to either party. All concur. Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.