NATIONAL SUR. CORP. v. SILVER

Order of Appellate Division reversed, without costs, and that of Special Term reinstated, for the reasons stated by Justice EAGER in his dissenting opinion at the Appellate Division.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN. Judges DYE, BURKE and SCILEPPI dissent and vote to affirm.