
    Rita Fishman, Individually and as Assignee of Melvin Fishman et al., Respondent, v. New York Life Insurance Company, Appellant.
    Submitted April 26, 1940;
    decided May 21, 1940.
    
      
      Kenneth deF. Carpenter and Louis H. Cooke for appellant.
    
      Harold D. Romanow for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.  