
    Hester Lemmer, as Administratrix, etc., of Russell P. Lemmer, Deceased, Respondent, v. Metropolitan Life Insurance Company, Appellant.
   Judgment of the City Court of Yonkers affirmed, with costs. (Lindblom v. Metropolitan Life Insurance Co., 210 App. Div. 177, 179; Kelly v. Metropolitan Life Ins. Co., 15 id. 220, 222.) Rich, Young, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents upon the ground that plaintiff did not perform the terms of the policy on her part to be performed. Proof of death filed under one policy is not a compliance with the terms of another policy upon the same life, at least where the beneficiary in each policy is a different person. There was no proof of waiver.  