
    Second Department,
    January, 1950.
    (January 3, 1950.)
    Sam Birnbaum, Respondent, v. Jamestown Mutual Insurance Company, Appellant.
   Ho opinion. Holán, P. J., Johnston and Sneed, JJ., concur; Adel, J., with whom MacCrate, J., concurs, dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: It was error to hold, as matter of law, that the language of the policy was not ambiguous, and to exclude the evidence offered by the defendant that would have aided the jury in construing the policy. (Birnbaum v. Jamestown Mut. Ins. Co., 298 N. Y. 305.)  