Majority
p. 502Nellie Mack, Appellant, v. The Travelers Protective Association and Others, Respondents, Impleaded with North American Accident Insurance Company, Defendant. First Department, March. 21, 1941.
Sidney J. Loeb of counsel [Prince & Loeb, attorneys], for the appellant.
Henry I. Fillman of counsel [Maxwell C. Katz and Irving S. ■Freedman with him on the brief; Katz & Sommerich and Adolph F. Bruenner, attorneys], for the respondents Pacific Mutual Life Insurance Company and The Travelers Protective Association.
p. 503
Charles J. Nehrbas of counsel [Henry C. Moses with him on the brief; Moses, Nehrbas & Tyler, attorneys], for the respondent Commercial Travelers Mutual Accident Association.
In view of the convincing evidence of suicide, errors, including any error in admitting the exclamation of the witness Sarah Bond as part of the res gestee, may be disregarded upon the ground that they did not affect the result. (Civ. Prac. Act, § 106.)
The judgment should be affirmed, with costs.
Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.
Judgment unanimously affirmed, with costs.