
    Nicholas McKenna, as Ancillary Executor of Gertrude Malnati, Deceased, Appellant, v. Metropolitan Life Insurance Company, Respondent.
    
      Appeal — order of Appellate Division reversing order granting motion for summary judgment and denying motion — appeal to Court of Appeals dismissed.
    
    
      McKenna v. Metropolitan Life Ins. Co., 220 App. Div. 53, appeal dismissed.
    (Argued December 6, 1927;
    decided January 10, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1927, which reversed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion for summary judgment and denied said motion.
    
      
      Fred Iscol and Hector McG. Curran for appellant.
    
      James C. Van Siclen and Henry C. Frey for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  