Majority
p. 915Louis Schnurman, Appellant, v. Metropolitan Life Insurance Company, Respondent.
On the court’s own motion, the decision of this court handed down on February 4, 1938 [ante, p. 893], is hereby amended to read as follows: Motion for leave to appeal to the Appellate Division granted on condition that a stipulation be filed consenting that judgment absolute may be rendered in the event of an affirmance of the order of the Appellate Term. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.