
    Chata Schneiderman, Respondent, v. Mutual Life Insurance Company of New York, Appellant.
    
    Supreme Court, Appellate Term, First Department,
    March 4, 1937.
    
      Frederick K. Allen [Louis W. Dawson of counsel], for the appellant.
    
      Lew Feldherr, for the respondent.
    
      
      Revg. 160 Misc. 680.
    
   Per Curiam.

As no sufficient evidence was offered by plaintiff to establish the fact that the insured died prior to March 1, 1926, the date the policy lapsed, the defendant’s motion to dismiss the complaint should have been granted.

Judgment reversed, with costs, and complaint dismissed, with costs.

All concur. Present — Lydon, Hammer and Frankenthaler, JJ.  