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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.

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DOUGHERTY v. NEW YORK LIFE INSURANCE COMPANY
(Apr 1, 1928)