| N.Y. App. Div. | Nov 12, 1943
No opinion. Present — Townley, Untermyer, Dore, Cohn and Callahan, JJ.; Dore, J., dissents and votes to reverse on the ground that the issue whether plaintiff intended to waive her right to the weekly payments in question is an issue of fact to be determined after a trial and should not be disposed of as an issue of law on motion addressed to these pleadings.