
    LEE v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES et al.
    (Supreme Court, Appellate Division, Fourth Department.
    March 29, 1911.)
    Action by Charles W. Lee against the Equitable Life Assurance Society of the United States and G. S. Reynolds, as administrator, etc.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements, without considering the question of the right of the foreign administrator to be made a party to the action. See Flandrow v. Hammond, 13 App. Div. 325, 43 N. Y. Supp. 143, and cases therein cited.

KRUSE, J.,

dissents, upon the ground that the answer cannot be stricken out on this motion.  