
    SYRACUSE LIGHTING CO., Respondent, v. MARYLAND CASUALTY CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 5, 1915.)
    Action by the Syracuse Lighting Company against the Maryland Casualty Company.
   PER CURIAM.

Interlocutory judgment affirmed, with costs, with leave to the defendant to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal.

LAMBERT and MERRELL, JJ.,

dissent, upon the ground that the complaint in this action does not allege sufficient facts to sustain the claim of waiver of the condition of the policy upon which the suit is brought, requiring the commencement of the suit within 30 days after the payment of the judgment herein involved.  