
    McCORMICK, Respondent, v. NEW YORK LIFE INS. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 8, 1913.)
    Action by Mary B. McCormick against the New York Life Insurance Company.
   PER CIJRIAM.

Motion granted, and decision heretofore and on the 30th day of April, 1913 (156 App. Div. 400, 141 N. Y. Supp. 993), made herein, is amended by striking out the words2 "and judgment directed for the defendant dismissing the complaint upon the merits, with costs, including costs of this appeal," and inserting in lieu thereof the words "and a new trial granted, with costs to appellant to abide event."  