| N.Y. App. Div. | Jan 15, 1932
Judgment of the City Court of Yonkers affirmed, with costs. No opinion. Young, Kapper, Scudder and Tompkins, JJ., concur; Lazansky, P. J., dissents upon the following grounds: (1) The plaintiff is not a proper party plaintiff; (2) plaintiff did not prove that proofs of death were submitted to defendant; (3) the proofs of death were admissible in evidence. I do not agree with the holding of this court in Smith v. Prudential Insurance Co. (147 A.D. 580" date_filed="1911-12-28" court="N.Y. App. Div." case_name="Smith v. Prudential Insurance Co. of America">147 App. Div. 580), but follow the holding in Vecchio v. Metropolitan Life Ins. Co. (224 id. 301) and Cirrincioni v. Metropolitan Life Insurance Co. (223 id. 461).