Majority
p. 746Albert Finocchiaro, Respondent, v. American Insurance Company of Newark, N. J., Appellant.
Judgment and order entered August 6, 1929, in so far as appealed from, affirmed, with costs, upon the ground that the policy being a non-value policy, the representation was not material and did not deceive or mislead the insurance company, in view of the finding of the jury in favor of the plaintiff. Lazansky, P. J., Kapper, Carswell and Scudder, JJ., concur; Hagarty, J.. dissents.