Majority
p. 869Winifred D. Jackson, as Administratrix, etc., of James L. Jackson, Deceased, Plaintiff, v. Citizens Casualty Co. of New York, Respondent; Martin C. Schaus, Appellant.
Order entered November 5, 1937 [ 252 App. Div. 393 ], amended so as to state that the affirmance is on the law only and not in the exercise of any discretion. Motion for a reargument denied; motion for leave to appeal to the Court of Appeals granted and question for review certified. Present ■ — ■ Sears, P. J., Crosby, Lewis and Cunningham, JJ.