
    John Wisz, Appellant, v. Glens Falls Insurance Company of Glens Falls, New York, Respondent.
    
      Wisz v. dens Falls Ins. Co., 161 App. Div. 911, affirmed. ’
    (Argued April 19, 1916;
    decided May 9, 1916.)
    Appeal from a judgment, entered January 26, 1914, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover upon a policy of fire insurance. The answer alleges that the policy contains a provision that the property insured should continue to he occupied by the said John Wisz and his family solely and wholly as a private family residence and farm and that in derogation and violation of such conditions the premises ceased to be occupied as a private family residence and were occupied by others.
    
      Eugene Warner for appellant.
    
      Vernon Cole for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hisoook, Chase, Cuddeback, Hogan, Oardozo and Pound, JJ.  