
    Joseph Shapiro, Respondent, v. Equitable Life Assurance Society of the United States, Appellant.
    Argued February 20, 1945;
    decided April 12, 1945.
    
      
      Eugene T. O’Neill and Leo D. Fitzgerald for appellant.
    
      Sidney J. Loeb for respondent.
   Order affirmed, with costs. Question certified answered in the negative. No opinion.

Concur: Lehman, Ch. J., Loughran, Desmond and Thacher, JJ. Lewis and Conway, JJ., dissent on the ground that the plaintiff who was serving a life sentence was “ civilly dead ” and did not have the legal capacity to sue. (Penal Law, § 511; Matter of Pallas, 291 N. Y. 692; Matter of Lindewall, 287 N. Y. 347; Green v. State of New York, 278 N. Y. 15; Avery v. Everett, 110 N. Y. 317.) Taking no part: Dye, J.  