
    G. Frank Dougherty, Respondent, v. New York Life Insurance Company, Appellant.
   Order denying motion for judgment dismissing complaint affirmed, without costs. The complaint states facts sufficient to constitute a cause of action for the premiums paid. In our opinion, however, under the circumstances recited, plaintiff is not entitled to a declaratory judgment. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.  