
    Anna De Marco, Respondent, v. The John Hancock Mutual Life Insurance Company, Appellant.
    Supreme Court, Appellate Term, First Department,
    November 23, 1932.
    
      Frederick C. Tanner [Morris E. Kinnan of counsel], for the appellant.
    
      Hamill, Weinberg & Munro [Edmund F. Quinn of counsel], for the respondent.
   Per Curiam.

It was a condition precedent to recovery that proof of death be filed with the defendant. Its admissions against interest are binding on the plaintiff; unless explained they are conclusive evidence of the truth of its contents. (Cirrincioni v. Metropolitan Life Ins. Co.,223 App. Div. 461; Vecchio v. Metropolitan Life Ins. Co., 224 id. 301.)

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Lydon, Levy and Callahan, JJ.  