Majority
p. 798Arthur F. Strang, as Administrator, etc., of Bertha S. Strang, Deceased, Respondent, v. The Prudential Insurance Company of America, Appellant.[1]
Judgment and order of the City Court of Yonkers affirmed, with costs. No opinion. Young, Tompkins and Davis, JJ., concur; Lazansky, P. J., with whom Hagarty, J., concurs, dissents upon the following grounds: (1) There was no proof that plaintiff filed proofs of death. (2) Exhibits E and F for identification should have been admitted at the instance of defendant. Admissions in these papers, made by plaintiff as an individual, are binding on him as administrator.